MADURAI: Observing that regional transport officers should not pre-judge guilt even before filing of final report by the police, the Madurai Bench of the Madras High Court recently set aside the suspension of driving licence of three TNSTC drivers, who were facing criminal cases for causing road accidents while on duty.
Justice B Pugalendhi passed the order on a batch of petitions filed by three TNSTC drivers belonging to Pudukkottai, Virudhunagar, and Thanjavur districts. They challenged the orders passed by the respective regional transport officers who had suspended the licences of the drivers.
According to the petitioners, they were facing criminal cases under Section 304 (A) of the IPC (causing death due to negligence). The cases were still under investigation and even a chargesheet has not been filed so far. Even before the trial court could reach a decision, the transport authorities came to the conclusion that they were guilty, the petitioners stated and requested the court to set aside the suspension of their licences.
The government counsel argued that in case of cognizable offences like the ones mentioned, the authorities are empowered to suspend the licence under Section 19 of the Motor Vehicles Act, 1981, read with Rule 21 of the Central Motor Vehicle Rules, 1989. Hence, show cause notices were issued to the petitioners and their licences were suspended following unsatisfactory replies, he added.
Hearing both sides, the judge observed that the police cannot seize driving license. Further, it is not for the regional transport authority to pre-judge the guilt of the petitioners even before the police file final report in the criminal cases, the judge added and directed the RTO to return the driving licences of the petitioners within a week.