SUKHWANT SINGH Vs. STATE TRANSPORT APPELLATE TRIBUNAL

JUDGEMENT

(1.) THE petitioner was granted a mini bus permit on the Danewala-Gidderbaha via Ghumiara Khera, Faqarsar-Burjwala route. The application submitted by the New Golden Bus Service Regd. Bathinda was rejected. On appeal, the State Transport Appellate Tribunal has reversed the order. Aggrieved by this order, a copy of which is at Annexure P-2 with the writ petition, the petitioner has filed the present writ petition. It is alleged that the order passed by the State Transport Commissioner on August 4, 1997 could not have been set aside by the Appellate Tribunal without hearing the petitioner. Since no opportunity had been granted, the petitioner prays that the order passed by the Appellate Tribunal be quashed.

(2.) THE respondents contest the petitioner's claim.

(3.) ADMITTEDLY the State Transport Commissioner had passed an order in favour of the present petitioner. Aggrieved by this order, the third respondent had filed an appeal. The petitioner had not even been impleaded as a party. The Appellate Tribunal accepted the appeal without giving any notice to the petitioner. The impugned order vitally affects the petitioner's right. Such an order could not have been passed without the grant of an opportunity to the petitioner. It is violative of the elementary principles of natural justice. Resultantly, the order cannot be sustained. In view of the above, the writ petition is allowed. The order dated September 23, 1999 passed by the Appellate Tribunal is set aside. The case is remanded for a fresh decision. The parties through their counsel are a fresh decision. The parties through their counsel are directed to appear before the Appellate Tribunal on May 1, 2001. The appeal should be expeditiously disposed of. No costs. Petition allowed.