- (1.) Petitioner was holding a permanent stage carriage permit on Dheotisherpur-Amroha route (hereinafter referred to as route). This permit was cancelled by Regional Transport Authority, Moradabad (hereinafter referred to as R.T.A.) under Section 60 of the Motor Vehicles Act, 1939, by an order dated 22-4-1987, against which the petitioner filed an appeal, which was also dismissed by State Transport Appellate Tribunal, U.P. It is against these orders that the petitioner has filed this writ petition.
(2.) On 2-1-1986 the bus of the petitioner was plying under the aforesaid permit, which was checked and following defects and short-comings were noticed. 1. Entire body of the vehicle was damaged. 2. Door of the vehicle was broken. 3. Windows were without pans. 4. Wind-screen glass broken. 5. Hand-break not fitted. 6. Play in the sterring was more than 45% 7. Fitness suspended, if valid. 8. All the seats broken. 9. R. C. and fitness certificates not produced on demand. 10. Proof of the deposit of passenger-tax not shown on demand. 11. Fare table was not valid. 12. Rs. 3.75 was being charged as fare from Dhaneura to Amroha.
(3.) It appears that the petitioner did not make good the deficiency, detected earlier and when the vehicle was checked again on 7-4-1986 it was found in the same condition. The R.T.A. accordingly issued notice under Section 60 and after hearing the petitioner his permit was cancelled. Appeal filed by the petitioner has also been dismissed by State Transport Appellate Tribunal, as mentioned above. The Appellate Tribunal while dismissing the appeal has held that body of the petitioner's bus was absolutely broken and had been shattered by constant use without repairs causing great hardship to the travelling public. Tribunal has further observed that no operator has a right to keep his bus in shabby condition and pose risk for human lives.;