- (1.)THE petitioner has sought for a writ of certiorari to quash the endorsement dated 29-10-2004 issued by the respondent at Annexure-C. By issuing the said endorsement, the Regional Transport Officer, bangalore (Central) has imposed fine of Rs. 2,000/- on the petitioner under Section 192-A of the Motor Vehicles Act, 1988 ('act' for short) for violating the condition of permit issued by the respondent.
(2.)ON careful perusal of Section 192-A of the Act it is clear that the court has jurisdiction to impose fine and consequently the Regional transport Officer has no jurisdiction to impose fine. Before imposing fine for the offence under Section 192-A, the erring permit holder has to be prosecuted in accordance with law in the Court of law and only after finding him guilty, the Court may impose fine. Against such conviction and imposition of fine, the appeal lies to the Appellate Court as is clear from sub-section (3) of Section 192-A of the "act". In view of the above, the impugned endorsement dated 29-10-2004 cannot be sustained and the same is liable to be quashed. Hence, the following order is made. The endorsement dated 29-10-2004 bearing No. RTO. BNG. C/dsa (TR) KA-01/d-2658/04, issued by the respondent vide Annexure-A is quashed. However, it is made clear that it is open for the respondent to initiate prosecution against the petitioner in accordance with law. The writ petition is disposed of accordingly.