Madras High Court
G.Sachu vs The Appellate Authority/Joint ... on 10 April, 2023
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.04.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P No.10721 of 2023
and W.M.P. Nos.10667 & 10668 of 2023
G.Sachu Petitioner
vs.
1.The Appellate Authority/Joint Transport Corporation,
O/o. The Joint Transport Commissioner,
Coimbatore Circle,
Coimbatore.
2.The Regional Transport Officer,
Coimbatore Central,
Coimbatore.
3.The Inspector of Police,
TW East,
Coimbatore City,
Coimbatore. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorarified Mandamus, calling for the entire records
pertaining to the order dated 02.03.2023 passed by the 1st respondent in
Se.Mu.A.No.142/A6/2023, confirming the proceedings of the 2nd respondent in
TN66/2022/746 dated 03.01.2023, quash the same and consequential direction to
the 2nd respondent to return the petitioner's original driving license without any
endorsement.
https://www.mhc.tn.gov.in/judis
2
For Petitioner : Mr.S.Saravanan
For Respondents : Mr.R.Kumaravel
Additional Government Pleader
ORDER
The instant writ petition has been filed assailing the order passed by the 1st
respondent in Se.Mu.A.No.142/A6/2023 dated 02.03.2023, confirming the
proceedings of the 2nd respondent in TN66/2022/746 dated 03.01.2023 and for a
consequential direction to the 2nd respondent to return the original driving license
of the petitioner without making any endorsement.
2.Heard Mr.S.Saravanan, learned counsel appearing on behalf of the
petitioner and Mr.R.Kumaravel, learned Additional Government Pleader appearing
on behalf of the respondents.
3.The petitioner is working as a Driver in the Tamil Nadu State Transport
Corporation, Erode Division. On 06.12.2022, the vehicle that was driven by the
petitioner met with an accident and unfortunately, proved to be a fatal accident.
The 3rd respondent registered an FIR in Crime No.595 of 2022 against the
petitioner on 06.12.2022. Pursuant to the same, the original driving license of the
petitioner was seized by the 3rd respondent and it was handed over to the 2nd
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respondent. According to the petitioner, the criminal case continues to be at the
stage of FIR and it is pending investigation.
4.The grievance of the petitioner is that the 2nd respondent issued a Show
Cause Notice dated 13.12.2022, calling upon to the petitioner to show cause as to
why the driving license of the petitioner should not be disqualified under Sections
19(1)(d) and 19(1)(f) of the Motor Vehicles Act, 1988 and the relevant Rules made
thereunder for a period of not less than three months.
5.The petitioner gave an explanation to the Show Cause Notice on
23.12.2022. On receipt of the Show Cause Notice, the 2nd respondent passed an
order on 03.01.2023 suspending the driving license of the petitioner and directing
the petitioner to attend for refresher course at the driving centre at Bhavanisagar.
Ultimately, a final order was passed by the 2nd respondent through proceedings
dated 03.01.2023, whereby, the driving license of the petitioner was suspended for
the period from 15.12.2022 to 14.06.2023 (5 months and 30 days). The petitioner
was aggrieved by the proceedings of the 2nd respondent and hence, he filed an
appeal before the 1st respondent. The 1st respondent through proceedings dated
02.03.2023 confirmed the order passed by the 2nd respondent and disposed of the
appeal by issuing the following directions:
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1. All the drivers who are involved in fatal accidents should be directed to
undergo refresher course for at least two days conducted by nearest Tamil
Nadu State Transport Corporation Training Centre at their own cost and
he/she should produce the certificate to this effect.
2. He/She should produce medical fitness certificate from the Government
Hospital before requesting for revoking disqualification of his/her driving
license.
Aggrieved by the same, the present writ petition has been filed before this
Court.
6.The main grievance that was canvassed before this Court was that the
criminal proceedings are only at the stage of investigation and hence, no
endorsement can be made in the original driving license till the completion of the
criminal proceedings and till the petitioner is found guilty of rash and negligent
driving. To substantiate the same, the judgment of the Division Bench in
P.Sethuram vs. The Licensing Authority, The Regional Transport Officer,
Dindigul reported in CDJ 2009 MHC 4114, was relied upon. The said judgment
was also followed in many subsequent orders passed by this Court and one such
order passed in W.P.No.21843 of 2021, dated 06.10.2021 was also brought to the
notice of this Court.
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7.On carefully going through the orders relied upon by the learned counsel
for the petitioner, it is seen that this Court has been consistently holding that there
is no power to suspend or impound the driving license and to retain the same till
the completion of the criminal case. Hence, in all those cases a direction was given
to the Department/Corporation to return back the original driving license.
8.The learned Additional Government Pleader appearing on behalf of the
respondents submitted that the order passed by the 1st respondent through
proceedings dated 02.03.2023 had only directed the petitioner to undergo the
refresher course for two days and to produce a Medical Fitness Certificate from
the Government Hospital. If these conditions are satisfied, the original driving
license of the petitioner will be handed over to him and depending upon the final
result in the criminal proceedings, action will be initiated for
suspension/impounding of the original driving license. The learned Additional
Government Pleader therefore submitted that the earlier orders passed by this
Court has not been violated and safeguards are taken by the Corporation to ensure
that the concerned Driver is found to be fit to once again take up the job of driving
the buses belonging to the Corporation.
9.The question of suspending/revoking the original driving license will arise
only after the criminal proceedings concludes and the petitioner is found to have
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driven the vehicle in a rash and negligent manner and accordingly, convicted and
sentenced for the same. Till the case is at the stage of investigation, there is no
question of suspending the original driving license. Consequently, there is also no
question of making an endorsement in the original driving license as “Suspended”.
In view of the same, it is left open to the petitioner to undergo the refresher course
for two days and to produce the Medical Fitness Certificate from the Government
Hospital. Once these conditions are complied with, the original driving license
shall be returned back to the petitioner without making any endorsement. This is
subject to the final result in the criminal proceedings that have already been
initiated against the petitioner.
10.This writ petition is disposed of with the above directions. No Costs.
Consequently, connected miscellaneous petitions are closed.
10.04.2023
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
Neutral Citation Case : Yes/No
ssr
https://www.mhc.tn.gov.in/judis
To
1.The Appellate Authority/Joint Transport Corporation,
O/o. The Joint Transport Commissioner,
Coimbatore Circle,
Coimbatore.
2.The Regional Transport Officer,
Coimbatore Central,
Coimbatore.
3.The Inspector of Police,
TW East,
Coimbatore City,
Coimbatore.
https://www.mhc.tn.gov.in/judis
N. ANAND VENKATESH, J.
ssr
W.P No.10721 of 2023
and W.M.P. Nos.10667 & 10668 of 2023
10.04.2023
https://www.mhc.tn.gov.in/judis
