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2023 DIGILAW 639 (RAJ)

Kamlesh Kumar Sharma v. District Transport Officer

2023-03-02

GANESH RAM MEENA

body2023
JUDGMENT 1. This writ petition has been filed by the petitioner assailing the order dated 9.10.2018 passed by the Appellate Officer & State Transport Officer, Jaipur, whereby the appeal of the petitioner/appellant was dismissed. 2. The appeal was filed by the petitioner against the order dated 20.8.2018 issued by the District Transport Officer (Licence), Jagatpura, Jaipur, whereby the driving licence No. RJ14 20050410622 of the petitioner was revoked. 3. The petitioner, who is present in person, submits that the Appellate Authority dismissed the appeal of the petitioner / appellant without considering the grounds raised in the memo of appeal and the Regional Transport Officer while revoking the licence of the petitioner did not extend the proper opportunity of hearing to the petitioner. The petitioner has also raised a ground that the District Transport Officer and the Appellate Officer passed the impugned orders against the provisions of sections 19 and 22 of the Motor Vehicles Act, 1988. The petitioner further submits that because of revocation of his driving licence, he has been deprived of his livelihood. 4. Mr. Ganesh Parihar AAG with Mr. Sameer Sharma, submit that the orders under challenge in the writ petition are just and proper and are also in accordance with law. Mr. Parihar further submits that the licence of the petitioner has been revoked in view of the allegation of using mobile while plying vehicle and observations made by the Rajasthan High Court, Principal Seat at Jodhpur, on 27.04.2018 in D.B. Writ Contempt No. 371/2016, Mahendra Lodha Vs. C.S. Rajan & Ors. He also submits that the petitioner was allowed proper opportunity of hearing and also defending his case. 5. Considered the submissions made by the parties and perused the record. 6. The allegation against the petitioner for revoking his driving licence is that he was using mobile while driving the vehicle. The Office of Police Inspector Traffic (East-I), Jaipur, vide letter dated 19.7.2018 reported to the Regional Transport Officer in regard to the allegations of using mobile by the petitioner while driving the vehicle and also to initiate proceedings for cancellation of his driving licence. 7. As per the reply to the writ petition, the notice for hearing was issued by post on 30.07.2018 to the petitioner to appear on 7.8.2018. 8. 7. As per the reply to the writ petition, the notice for hearing was issued by post on 30.07.2018 to the petitioner to appear on 7.8.2018. 8. The petitioner in the memo of appeal filed before the Appellate Authority has specifically stated that no such notice for hearing was served upon him and a similar averment has been made in the memo of the writ petition also. The Appellate Authority while dismissing the appeal vide order dated 9.10.2018 did not at all consider the issue of principles of natural justice agitated by the petitioner/ appellant in the memo of appeal. It is a well settled law that no adverse order can be passed against a person without allowing him proper opportunity of hearing and defending his case. It was also obligatory on the part of the Appellate Authority to make specific observations in regard to the grounds agitated in the appeal but in the present case the Appellate Authority has failed to do so. The notice for hearing and appearance on 7.8.2018 is said to have been issued on 30.7.2018. As per the aforesaid notice, the period of seven days is a very short period for service of notice and also for a person to be available for hearing. The order of the District Transport Officer (Licence), Jagatpura, Jaipur, dated 20.08.2018 revoking the licence of the petitioner in the opinion of this Court is violative of the principles of natural justice and the order of the Appellate Authority is also not lawful as the Appellate Authority has not made any specific observation in regard to the grounds agitated by the appellant/petitioner in the memo of appeal. 9. In view of the above, the writ petition is allowed, the order dated 20.08.2018 issued by the District Transport Officer (Licence), Jagatpura, Jaipur, by which the driving licence of the petitioner has been revoked as also the order dated 9.10.2018 passed by the Appellate Authority are hereby quashed and set aside. The respondents authorities are directed to remove the remark of cancellation of licence from the licence of the petitioner and hand over the same to the petitioner within a period of 15 days from today. 10. In view of the order passed in the main petition, the stay application stands disposed of.