Delhi High Court
Ashish Gosain vs Department Of Transport & Anr on 2 May, 2016
$~
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2076/2016 and CM No.8918/2016
% Date of Decision : 02nd May, 2016
ASHISH GOSAIN ..... Petitioner
Through: Mr. Abhijat, Mr.Puneet Mittal,
Mr.R.P. Singh and Mr.Sachin
Chaudhary, Advocates.
versus
DEPARTMENT OF TRANSPORT & ANR ..... Respondents
Through: Mr. Rahul Mehra, Sr. Standing
Counsel, Mr. Anuj Aggarwal,
ASC with Mr. Aditya Swarup
Agarwal and Mr. H.K. Singh,
DCP, Insp. Mohaj Sinha, ASI
Virendra Singh and HC Pawan
CORAM :-
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The petitioner has challenged the suspension order whereby his
driving licence has been suspended under Section 19(1)(d) of the
Motor Vehicles Act, 1988.
2. Factual matrix
2.1 The petitioner received a show cause notice dated 18th January,
2016 to show cause why he should not be disqualified for holding a
driving licence under Section 19(1)(f) of the Motor Vehicles Act,
1988 read with Rule 21 of the Central Motor Vehicle Rules, 1989.
The relevant portion of the notice dated 18th January, 2016 is
reproduced hereunder:
"Show Cause Notice
Whereas, it has been informed by the Dy. Commissioner of
Police (Traffic) that you have been challaned for the violation
of Section 112(1)/183(1) of Motor Vehicle Act, 1988 and
requested this office to suspend your driving license as per the
directions of the Hon'ble Supreme Court Committee on Road
Safety.
And, Whereas, the undersigned the licensing authority is
empowered to disqualify you from holding a driving license for
a specific period or revoke such license under section 19(1)(f)
of Motor Vehicles Act 1988 read with Rule 21 of the Central
Motor Vehicle Rules, 1989.
And now, therefore in exercise of power conferred upon me in
Motor Vehicles Act 1988 and Rules framed thereunder, you are
hereby given an opportunity of making any representation you
may wish within 10 days of issuance of this SHOW CAUSE
NOTICE, failing which it will be presumed that you have
nothing to say on your part and the undersigned shall take
action as per the provisions of Motor Vehicles Act and Rules
framed thereunder."
2.2 The petitioner submitted the reply dated 27th January, 2016 in
which the petitioner sought better particulars namely date/place of
occurrence and nature of alleged offence to enable him to reply to the
show cause notice. The petitioner also sought personal hearing before
any decision is taken on the show cause notice. Relevant portion of
the reply is reproduced hereunder:
"Please refer to your show cause notice No. MLO/SKK/15/794
dated 18.01.2016, received on 22.01.2016.
The aforesaid show cause notice under reply refers to a challan
for the violation of section 112.1/183(1) of Motor Vehicles Act,
1988.
However, detailed particulars of the date, place of occurrence
and nature of offence have not been mentioned. In absence
thereof, I am unable to effectively respond to the show cause
notice.
You are, therefore, requested to kindly provide better
particulars of the alleged violation, to enable me to respond to
the show cause notice under reply.
Further, I would also request for a personal hearing before any
such decision on the show cause notice under reply is taken by
your goodself."
2.3 Vide order dated 11th February, 2016, the Motor Licensing
Officer suspended the petitioner's licence for a period of six months
under Section 19(1)(d) of the Motor Vehicles Act. Relevant portion
of the suspension order is reproduced hereunder:
"Suspension Order
In compliance of the direction by Hon'ble Supreme Court
Committee on Road Safety to implement Road Safety Laws.
The driving license of any person, who is prosecuted for the
offence related to Over Speeding/Red Light Jumping/Over
Loading in Goods Carriage/Carrying person in goods
carriage/Driving vehicle under influence of liquor and drugs
and using mobile phone while driving is to be suspended for a
period of not less than 3 months.
And., whereas, the traffic police vide their letter
No.970/Computer Centre/ Traffic dt.22.12.2015 forwarded by
the MLO(Ops.) vide letter No.DC/Ops./2014/part file/6215-30
dt.07/01/2016 to this office intimated that you were challan for
the above offence.
Whereas, the undersigned is not satisfied with your reply
received by this office and therefore, the undersigned, Hem Raj,
MLO, Central Zone, Sarai Kale Khan, New Delhi-110013 is
hereby suspended DL No.0619940099561 in respect of Sh.
Ashish Gosain s/o Narendra Kumar under the provision of
section 19(1)(d) of Motor Vehicle Act, 1988 for Six months.
You are hereby cautioned not to drive the vehicle as your
driving license has been blacklisted till completion of
suspension process and you will be treated as without driving
license and liable to any type of legal action.
Since, driving license is the property of the State Govt., if a
defaulter does not deposit the license, he/she is liable to
prosecuted by a criminal case U/S 406 of IPC, which provides
a penalty of imprisonment of a term which may extend to 03
years, or with fine or with both criminal breach of trust."
3. Grounds of challenge
3.1 The show cause notice dated 18th January, 2016 issued by
respondent no.1 is invalid inasmuch as it does not provide the relevant
particulars, namely, date/place of occurrence and nature of the
offence alleged to have been committed by the petitioner.
3.2 Vide dated 27th January, 2016, the Petitioner sought better
particulars and personal hearing. However, respondent no.1 did not
furnish the relevant particulars sought for by the petitioner.
3.3 The respondent did not afford any opportunity of hearing to the
petitioner which is mandatory under Section 19(1) of the Motor
Vehicles Act.
3.4 No reasons have been recorded in the impugned order.
Respondent no.1 did not consider the petitioner's objections. The
impugned order is a cyclostyled form in which the name of the
petitioner and his driving licence number has been filled up which
shows non-application of mind.
3.5 The show cause notice dated 27th January, 2016 refers to
Section 19(1)(f) of the Motor Vehicles Act whereas the licence has
been suspended under Section 19(1)(d) of the Motor Vehicles Act,
1988.
3.6 The petitioner had compounded the alleged offence upon
payment of fine of Rs.400/- and therefore, the suspension of licence
for the same offence amounts to double jeopardy. Once the offence
has been compounded by payment of challan, the offender stands
discharged and no further proceedings can be taken against such a
person. Any further proceedings under the Motor Vehicle Act after
composition are expressly prohibited by Section 200(2) of Motor
Vehicles Act. Reference is also made to sub-Section (8) of Section
320 of the Code of Criminal Procedure which clearly prescribes the
effect of composition of an offence namely, the acquittal of the
accused with whom the offence has been compounded. Reliance is
placed on Principal Chief Conservator of Forests v. J.K. Johnson,
(2011) 10 SCC 794.
4. Submissions of the respondents
Mr. Rahul Mehra, learned senior standing counsel for Govt. of
NCT of Delhi submits that the Supreme Court Committee on Road
Safety has issued directions on 18th August, 2015 to the effect that the
driving licences should be suspended for a period of not less than
three months under Section 19 of the Motor Vehicles Act, 1988 read
with Rule 21 of the Central Motor Vehicles Rules, 1989 in cases of
driving at speed exceeding the specified limit, red light jumping,
carrying overload in good carriages, carrying persons in good
carriages, driving under the influence of liquor/drugs and using
mobile phone while driving. It is submitted that compounding of the
offence under Section 200 of the Motor Vehicles Act does not, in any
manner, take away the right of the Licensing Authority to suspend the
licence under Section 19 of the Motor Vehicles Act. Reference is
made to Sections 183 and 184 of the Motor Vehicles Act dealing with
the offence of driving at excessive speed and driving dangerously,
respectively, which can be compounded under Section 200(1) of the
Motor Vehicles Act. Section 200 (2) of the Motor Vehicles Act
provides that upon compounding of the offence, no further proceeding
shall be taken in respect of such offence. However, the power to
suspend the licence under Section 19 of the Motor Vehicles Act upon
satisfaction of the Licensing Authority with respect to any of the
conditions mentioned in Section 19(1)(a) to (h) is dehors the
compounding of the offence under Section 200 of the Motor Vehicle
Act. It is submitted that the respondents are complying with the
directions of the Supreme Court Committee on Road Safety.
However, it is not disputed that the opportunity of hearing has not
been afforded to the petitioner.
5. Relevant provisions
5.1. Section 19 of the Motor Vehicles Act, 1988
"Section 19-Power of licensing authority to disqualify from holding
a driving licence or revoke such licence.
(1) If a licensing authority is satisfied, after giving the holder of a
driving licence an opportunity of being heard, that he -
(a) is a habitual criminal or a habitual drunkard; or
(b) is a habitual addict to any narcotic drug or psychotropic
substance within the meaning of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (61 of 1985); or
(c) is using or has used a motor vehicle in the commission of a
cognizable offence; or
(d) has by his previous conduct as driver of a motor vehicle shown
that his driving is likely to be attended with danger to the
public; or
(e) has obtained any driving licence or a licence to drive a
particular class or description of motor vehicle by fraud or
misrepresentation; or
(f) has committed any such act which is likely to cause nuisance
or danger to the public, as may be prescribed by the Central
Government, having regard to the objects of this Act; or
(g) has failed to submit to, or has not passed, the tests referred to
in the proviso to sub-section (3) of section 22; or
(h) being a person under the age of eighteen years who has been
granted a learner's licence or a driving licence with the
consent in writing of the person having the care of the holder
of the licence and has ceased to be in such care,
it may, for reasons to be recorded in writing, make an order -
(i) disqualifying that person for a specified period for
holding or obtaining any driving licence to drive all or any
classes or descriptions of vehicles specified in the licence; or
(ii) revoke any such licence.
(2) Where an order under sub-section (1) is made, the holder of a
driving licence shall forthwith surrender his driving licence to the
licensing authority making the order, if the driving licence has not
already been surrendered, and the licensing authority shall, -
(a) if the driving licence is a driving licence issued under this Act,
keep it until the disqualification has expired or has been removed;
or
(b) if it is not a driving licence issued under this Act, endorse the
disqualification upon it and send it to the licensing authority by
which it was issued; or
(c) in the case of revocation of any licence, endorse the
revocation upon it and if it is not the authority which issued
the same, intimate the fact of revocation to the authority which
issued that licence:
Provided that where the driving licence of a person authorizes him
to drive more than one class or description of motor vehicles and the
order, made under sub-section (1), disqualifies him from driving any
specified class or description of motor vehicles, the licensing
authority shall endorse the disqualification upon the driving licence
and return the same to the holder.
(3) Any person aggrieved by an order made by a licensing
authority under sub-section (1) may, within thirty days of the receipt
of the order, appeal to the prescribed authority, and such appellate
authority shall give notice to the licensing authority and hear either
party if so required by that party and may pass such order as it
thinks fit and an order passed by any such appellate authority shall
be final."
(Emphasis supplied)
5.2. Rule 21 of the Central Motor Vehicles Rules, 1989
"Rule 21-Powers of licensing authority to disqualify. For the
purpose of clause (f) of subsection (1) of section 19, the commission of
the following acts by holder of a driving licence shall constitute
nuisance or danger to the public, namely:--
(8) Carrying overload in goods carriages
xxx xxx xxx
(9) Driving at speed exceeding the specified limit.
xxx xxx xxx
(16) Driving vehicle while under the influence of drink or drugs.
xxx xxx xxx
(25) Using mobile phone while driving a vehicle."
6. Directions of the Supreme Court Committee on Road Safety
6.1. Directions dated 18.08.2015 of the Supreme Court Committee
The Supreme Court Committee on Road Safety has issued
directions dated 18th August, 2015 to the effect that the driving license
should be suspended for not less than three months for high speed
driving, carrying overload in goods carriage, carrying persons in
goods carriage, drunken driving and using mobile funds while driving
under Section 19 of the Motor Vehicles Act, 1988 read with Rule 21
of the Central Motor Vehicle Rules 1989. Relevant portion of the
order dated 18th August, 2015 is reproduced hereunder:
"The Committee constituted by the Supreme Court of
India to monitor and measure implementation of road safety
laws in the country has had detailed discussions with the
concerned Central Ministries and all the States/UTs on the
trend of road accidents and fatalities. The data furnished by
them have clearly established that the number of fatalities in
India continues to be very high, causing serious emotional
trauma and economic loss to the families of the deceased and
the society. The compensation awarded to the victims by the
Insurance Companies also runs into hundreds of crores of
rupees every year.
2. The Committee has over the last one year issued
directions to the States/UTs to establish institutional
arrangements to promote road safety, undertake engineering
measures to make roads safe, tighten enforcement together with
promoting road safety education and establishing adequate
trauma care facilities, and the Committee has been closely
monitoring the action being taken by the States/UTs as directed
by the Committee, the Committee on the basis of detailed
analysis of traffic accidents and fatalities has come to the
conclusion that unless strong and urgent measures are taken to
deal with over speeding, drunken driving, red light jumping,
violation of helmet laws and seat belt laws, use of mobile
phones while driving, and over loading, the number of
accidents and fatalities will continue to remain high.
3. The Committee is of the considered view that the
States/UTs and their concerned Departments should take stern
action against the violators of law and exercise of discretion
under Section 19 of the Motor Vehicle Act, 1988 read with Rule
21 of the Central Motor Vehicle Rules, 1989 by passing an
order disqualifying the offender from holding a driving license
for a specified period and also by seeking imprisonment
wherever it is provided under the law. The Supreme Court,
while constituting the Committee, has also emphasised the
necessity of strict and faithful enforcement of all existing laws
and norms not only as an absolute principle of law as well as
for the high beneficial effects thereof.
4. The Committee, therefore, directs the States/UTs and
their concerned Departments to take the following action
forthwith:
Suspension of the licence for a period of not less than 3
months under Section 19 of the Motor Vehicle Act, 1988 read
with Rule 21 of the Central Motor Vehicles Rules, 1989 for:
(i) Driving at a speed exceeding the specified limit which in
the Committee's view would also include red light
jumping;
(ii) Carrying overload in goods carriages and carrying
persons in goods carriages;
(iii) Driving vehicles under the influence of drink and drugs;
(iv) Using mobile phone while driving a vehicle.
5. The Committee further directs that in case of driving a
vehicle under the influence of drinks or drugs, the police should
prosecute the offender and seek imprisonment as prescribed
under Section 185 of the Motor Vehicle Act, 1988 even for the
first offence."
(Emphasis supplied)
6.2. Directions dated 17.11.2015 of the Supreme Court Committee
Vide order dated 17th November, 2015, the Supreme Court
Committee on Road Safety directed that in case of traffic violations,
the traffic police should take possession of the driving license of the
violator and forward it to the transport department who would suspend
the license for a minimum period of three months under Section 19 of
the Motor Vehicles Act 1988 read with Rule 21 of the Central Motor
Vehicle Rules 1989. Relevant portion of the order dated 17th
November, 2015 is reproduced hereunder: -
"2. During discussions the Committee had with the Central
Ministries and Delhi Traffic Police on 6th November, 2015, it
was brought to the notice of the Committee that the Traffic
Police has been implementing the directions issued by the
Committee on 18th August, 2015 vigorously and is forwarding
the cases to the Transport Deptt for suspension of Driving
Licenses in case of above traffic violations. However, any
action taken by the Transport Deptt could not be effective as the
Driving License would remain with the violator who can use it
with impunity and also evade the process of law.
3. This has been considered by the Committee in detail. The
Committee directs that in case of above traffic violations, the
Traffic Police should take possession of the Driving License of
the violator and forward it to the Transport Deptt. of the
concerned State/UT, who would suspend the License for a
period of not less than 3 months under Section 19 of the Motor
Vehicle Act, 1988 read with Rule 21 of the Central Motor
Vehicles Rules, 1989. The Transport Deptt. would return the
Driving License to the violator after the expiry of the said
period."
(Emphasis supplied)
7. Delhi Police Circular dated 08th December, 2015 to implement
the directions of the Supreme Court Committee on Road
Safety.
Vide circular dated 08th December, 2015, the Special
Commissioner (Traffic) of Delhi Police issued a circular dated 8th
December, 2015 to implement the directions of the Supreme Court
Committee on Road Safety. Relevant portion of the circular is
reproduced hereunder:
"3. In order to comply with the above directions of the
Supreme Court Committee on Road Safety, the following
actions shall be taken by field functionaries of Traffic Unit so
that the same are implemented in true letter & spirit: -
I. Whenever a violator is challaned for over speeding, red
light jumping, using mobile phone while driving or
carrying passengers in goods vehicles, the driving license
(in originals) of the offender shall be seized by the
enforcement officers and in lieu of that an acknowledge
will be given to him wherein mentioning that that because
of the violation (as mentioned above) committed by
him/her, the driving licence has been seized and report
will be sent to the concerned Transport
Department/Authority of the respective State/UT for
initiating proceedings for suspension of the driving
license as per the direction of the Supreme Court
Committee on Road Safety. A format of the Seizure
Memo/Acknowledgement Slip is enclosed as Annexure-A.
A proper record of such challans/seizures shall be
maintained at the office of TI Circle, who in turn will
write to the concerned Transport Department/Authority
of respective State/UT on daily basis under proper
receipt/ acknowledgement. The format for writing is
enclosed as Annexure-B.
II. For violation of Section 185 Motor Vehicles Act, 1988
(Drunken Driving), the challans are being sent to the
Courts since it is non compoundable offence. Courts of
Metropolitan Magistrates are generally fining the
violators along with suspension of driving license at their
end. The enforcement officers and TIs of the Circles
while prosecuting the offender, shall write in the
application before the Metropolitan Magistrates of their
respective areas seeking imprisonment as prescribed
under section 185 Motor Vehicles Act, 1988, even for the
first offence, along with suspension of driving license
citing the direction of the Supreme Court Committee.
Necessary changes in E-Challan software should be
done.
III. Since the powers to check overloaded vehicles are vested
only with the officials of Transport Department, GNCT of
Delhi, no action is required to be under taken by Delhi
Traffic Police officers.
IV. Regarding implementation of the directions relating to
the law of use of helmet which is either violated by either
the main rider or the pillion rider, they should both the
subjected to Road Safety Education and Counselling for
not less than two hours before imposing of fine as
prescribed under the Motor Vehicles Act, 1988.
Similarly, those motorists who violate the seat belt law
should also be subjected to Road Safety Education and
Counselling before imposition of fine provisions of Motor
Vehicles Act, 1988. All DCsP/T-Ranges and DCP/T-HQ-
II in association with NGOs and other volunteer
organisations will start Road Safety Education and
Counselling at or near their respective offices or any
other suitable location in their area. The daily figures of
Road Safety Education and Counselling for these
offences (separately) shall be properly maintained.
For implementation of the directions of the Supreme
Court Committee, the traffic enforcement officers, before
challaning the violators would keep the driving license
(in original) for these offences (rider/pillion without
helmet and driving without seat belt), for which
acknowledgement slip shall be issued to the violators
with a direction to attend the Road Safety Education and
Counselling session at a designated place, preferably, the
same day or the next day. After attending the session, the
violator would produce the certificate of attending the
counselling session before the enforcement officers, who
shall challan the violator under relevant provision of
Motor Vehicles Act, 1988 for the violation committed by
him and his driving license shall be returned. A format
of the Memo at the time of violator's driving license
taken in possession for counselling is enclosed as
Annexure-C."
8. Findings
8.1. India has the dubious distinction of having highest number of
road accidents. According to the Road Transport Ministry report of
2014, a total of 4,89,400 road accidents were reported in 2014
resulting in 1,39,671 deaths i.e. an average of one road accident every
minute resulting in one death every 4 minutes which is highest in the
world. This Court agrees with the Supreme Court Committee on Road
Safety that unless strong and urgent measures are taken to deal with
speeding, drunken driving, red light jumping, the use of mobile
phones while driving, and over loading, the number of accidents and
fatalities will continue to remain high.
8.2. The directions issued by the Supreme Court Committee on the
Road Safety for suspension of licence for a period of not less than
three months under Section 19 of the Motor Vehicles Act in cases of
driving at excessive speed, overloading, drunken driving and using
mobile phone while driving, warrant strict implementation by Delhi
Police as well as Transport Department. However, the Delhi Police as
well as the Transport Department have to follow due process of law
which is as under:-
8.2.1. A valid show cause notice giving the particulars of the
violation i.e. date, time and place, reference to relevant
provisions violated and the directions of the Supreme Court
Committee on the Road Safety.
8.2.2. An opportunity of hearing in terms of Section 19(1) of
the Motor Vehicles Act, 1988.
8.2.3. The suspension order containing reasons in terms of
Section 19(1) of the Motor Vehicles Act.
8.3. Mr. Rahul Mehra, learned senior standing counsel for Govt. of
NCT of Delhi submits that in order to implement the directions of the
Supreme Court Committee on Road Safety, the respondents have
formulated the following procedure:
8.3.1. In cases of violations specified in the directions of the Supreme
Court Committee on the Road Safety, the concerned police
officer/enforcement officer shall seize the driving licence for initiating
proceedings for suspension of licence under Section 19 of the Motor
Vehicles Act read with Rule 21 of the Central Motor Vehicles Rules,
1989. The acknowledgement of the seizure of the driving licence
shall notify the driving licence holder that the driving licence is liable
to be suspended for a period of not less than three months in terms of
the directions of the Supreme Court Committee on Road Safety. The
revised acknowledgment format is reproduced hereunder:-
"Acknowledgement for seizing driving licence for initiating
suspension proceedings in compliance of the directions of
Supreme Court Committee on Road Safety
Driving License No. ________________________ issued by
___________________________________________________
_____ valid upto _______________ of Mr./Ms.
________________________ S/o ____________________ R/o
_________________________________ has been taken in
possession for committing the offence of ____________ (specify
the offence along with section) on ____________ (date) at
__________ (time) at ___________ (location) and information
is being sent to the Transport Department/Authority
________________________ for initiating proceedings for
suspension of driving licence under Section 19 of the Motor
Vehicles Act, 1988 read with Rule 21 of the Central Motor
Vehicles Rules, 1989, as per the directions of the Supreme
Court Committee on Road Safety conveyed vide F.
No.05/2014/CoRS-Part-III dated 18.08.2015. The driving
license shall be liable for suspension for a period of not less
than 03 months as per the directions of the Committee. The
Committee vide its letter No.05/2014/CoRS-Part-III, dated
17.11.2015 had directed Delhi Traffic Police to take possession
of the Driving License of the violator also. The orders of the
Supreme Court Committee on Road Safety dated 18.08.2015
and 17.11.2015 are available online on the web site of Delhi
Traffic Police at the link https://delhitrafficpolice.nic.in/about-
us/notifications.
Name & Signature of the Enforcement Officer
___________________
Rank and No.________________
Circle______________________
Date ______________
Note:- This acknowledgement shall entitle the offender to
drive for a period of not more than 90 days, subject to extension
of validity by the Transport Authority pending adjudication
under the Motor Vehicle Act."
8.3.2. The licence seized by the Enforcement Officer shall be
forwarded to the Motor Licensing Officer of the Transport
Department who shall thereafter issue a show cause notice to the
licence holder to show cause why his licence should not be
suspended under Section 19(1) (d) and (f) of the Motor Vehicles
Act read with Rule 21 of the Central Motor Vehicles Rules, 1989
in terms of the directions of the Supreme Court Committee on the
Road Safety. The revised draft notice format is reproduced
hereunder:
"Transport Department: Government of NCT of Delhi
__________ Zone, Delhi - ____________.
F. No.TPT/MLO___/DTP/___/____/ Dated: -
Notice
Whereas, a communication no.______________ Delhi dated
the ______________ was received from
_______________________.
Whereas, vide above said communication, it is informed that
the holder of driving license number ___________ had
committed the offence of ________________ under section
________________ Motor Vehicles Act, 1988 on
_____________ at __________________.
Whereas, the Challaning Officer has forwarded the license of
violator for suspension under Section-19 of the Motor Vehicles
Act, 1988 read with Rule 21 of Central Motor Vehicles Rules,
1989.
Whereas, as per the record the driving license
No.______________ had been issued to Sh.
____________________ S/o __________________ R/o
_____________________________ from this office as per
provisions contained under Motor Vehicles Act, 1988 and rules
made there under.
I, __________________, Motor Licensing Officer, as per the
powers conferred to undersigned under Section-19(1)(d) & (f)
of the Motor Vehicles Act, 1988 read with Rule 21 of Central
Motor Vehicles Rules, 1989, hereby call upon your explanation
as to why your driving license should not be suspended under
Section 19(1)(d) & (f) of the Motor Vehicles Act, 1988 and the
relevant Rules made there under for a period not less than three
months in compliance of the directions of Supreme Court
Committee on Road Safety (F.No05/2014/CoRS-Part-III dated
18.08.2015 and F.No.05/2014/CoRS-Part-III dated 17.11.2015)
available online on the web site of Delhi Traffic Police at the
link https://delhitrafficpolice.nic.in/about-us/notifications. The
reply must reach the undersigned within 10 days of issue of this
letter, failing which ex parte decision will be taken. The
personal hearing on your reply shall be provided to you by the
undersigned on _______, at _________ (time) at _______
(place).
Motor Licensing Officer
___________ Zonal Office"
8.3.3. The Motor Licensing Officer shall afford a hearing to the
driving licence holder, who seeks the same in his reply. The
suspension order shall be passed after considering the reply and the
submissions made by the licence holder at the time of oral hearing.
The suspension order shall be sent to the driving licence holder by
Regd. AD Post. The suspension order shall carry a note that the
driving licence holder is entitled to an appeal under Section 19 (3) of
the Motor Vehicles Act before the Appellate Authority within a period
of one month from the date of the order.
8.3.4. The competent Transport Authority shall endeavour to
complete the adjudicatory process preferably within a period of 90
days, failing which suitable period of extension shall be endorsed
upon the acknowledgment/seizure memo by the said competent
authority.
8.4. The procedure formulated by the Delhi Police and the
Transport Department is fair and reasonable. Let the same be
implemented forthwith.
8.5. In cases where the Suspension Order has already been passed
without affording an opportunity of hearing under Section 19 (1) of
the Motor Vehicles Act, and the license holder seeks a personal
hearing; there is no impediment in the Motor Licensing Officer giving
a fresh opportunity of hearing and passing a revised order.
8.6. There is no merit in the petitioner's plea that the suspension of
a licence after the compounding of the offence would amount to
double jeopardy. Section 19 can be invoked where the Licensing
Authority is satisfied of the existence of conditions stipulated in
Section 19(1)(a) to (h). The compounding of an offence under Section
200 of the Motor Vehicles Act does not, in any manner, affect the
power of the licensing authority to suspend the licence under Section
19 of the Motor Vehicles Act. The suspension of a licence under
Section 19 is not dependent upon the compounding of the offence by
the accused. The suspension of the licence under Section 19(1) of the
Motor Vehicles Act would not, therefore, amount to double jeopardy
as contended by the petitioner.
8.7. This Court hopes that the Delhi Police as well as the Transport
Department of Govt. of NCT of Delhi shall follow the due process of
law in implementing the directions of the Supreme Court Committee
on Road Safety.
8.8. In the present case, respondent no.1 has not afforded any
opportunity of hearing to the petitioner as mandated by Section 19(1)
of the Motor Vehicles Act and therefore, it would be appropriate to
remand this matter back to respondent no.1.
9. Conclusion
For the reasons discussed hereinabove, this writ petition is
allowed and the case is remanded back to respondent no.1 for
affording an opportunity of hearing to the petitioner in terms of
Section 19(1) of the Motor Vehicles Act, 1988. Vide reply dated 27th
January, 2016, the petitioner had sought better particulars, namely,
date, time and place of the alleged violation. Respondent no.1 shall
furnish the better particulars to the petitioner within two weeks
whereupon the petitioner shall submit his response to the show cause
notice within a period of two weeks thereafter. Respondent No.1 shall
afford an opportunity of hearing to the petitioner and shall thereafter
pass a fresh order which shall be communicated to the petitioner. The
impugned order dated 11th February, 2016 shall remain in abeyance
and the petitioner would be entitled to drive till the fresh order is
passed by respondent No.1. If the petitioner is not satisfied with the
order that may be passed, the petitioner would be at liberty to avail the
remedy of appeal before the appellate authority under Section 19 (3)
of the Motor Vehicles Act.
10. The pending application is disposed of.
11. Copy of this judgment be given dasti to counsels for the parties
under signature of Court Master.
J.R. MIDHA, J.
MAY 02, 2016
dk/ak
