SWAMI. J, J. ( 1 ) AS this petition can be disposed of on a short ground, rule is issued and it is heard for final disposal. ( 2 ) IN this petition under Articles 226 and 227 of the Constitution, the petitioner has sought for quashing the order dated 21-3-1989 passed by the R. T. O. and the licensing Authority, Kolar, in No. RTO. KLR P. R. /5598/88-89, Annexure-A, suspending the driving licence of the petitioner bearing No. FDL. 187/85-86 valid upto 17-6-1991. ( 3 ) IT is not necessary to go into further question except the competency of the respondent to pass the impugned order. There is no doubt that the respondent states in his order that he has been delegated with the power under Section 16 of the Motor vehicles Act, 1939, (hereinafter referred to as the 'act'), but as the legal position stands, no such delegation of the power under section 16 of the act is permissible. Rule 96 of the Motor Vehicles Rules, 1963 (hereinafter referred to as the 'rules'), provide for delegation of power by the regional Transport Authorities to their secretaries. Rule 96 of the Rules does not empower the Regional Transport Authority to delegate its power under Section 16 of the act. That being so, even if there is any delegation of the power under Section 16 of the act made by the R. TA. Kolar, that has to be ignored as invalid and inoperative as such a delegation is without the authority of law. Consequently, the respondent has no competence to decide the case regarding suspension of driving licence. ( 4 ) ACCORDINGLY, keeping open all the contentions of either side, this writ petition is allowed only on the ground that the respondent has no competence to exercise the power under Section 16 of the Act. Accordingly, the order dated 21-3-89 bearing no. RTO. KLR. P. R. 5598/88-89 is hereby quashed. It is now open to the R. T. A. Kolar to consider the matter afresh and in accordance with law under Section 16 of the act. A copy of this order shall also be sent to the R. T. A. Kolar. Sri P. R. Ramesh, learned Government pleader is permitted to file his memo of appearance on behalf of respondent in 6 weeks. --- *** --- .