G.R.Bhattacharjee, J. - (1.) -In this writ petition under Article 226 filed by the Joint Action Committee of Bengal Taxi Association, Calcutta Taxi Association, Calcutta Taxi Operators Association, Taxi Drivers' Union and Calcutta Metropolitan Taxi Drivers' Union, the petitioners have come for relief mainly in respect of two grievances highlighted by them. These two grievances are, (1) on the ground of broken seal of taxi meter the Motor Vehicles Authorities are indiscriminately demanding and realising payment of a fine of Rs. 500/- by coercion, and (2) the Motor Vehicles Authorities are refusing to accept fees and taxes such as, road tax, permit fees, C.P. fees etc. until and unless the fine imposed by them is paid, thereby causing severe harassment and inconvenience to the taxi owners, drivers and commuters. The petitioners have also voiced a more disturbing grievance in paragraph 14 of the writ petition and paragraph 11 of the affidavit-in-reply about corrupt practice stated to be prevailing in the Motor Vehicles Department and have even invited the court to take judicial notice of the malpractices stated to be apparent in that Department.
(2.) It is the contention of the petitioners that the seals of the taxi meters are so weak and fragile that they get easily broken or are found to be missing even due to natural causes or due to unnoticed interference by street unchins and others for which the drivers or owners have no responsibility but the Motor Vehicles Department is indiscriminately demanding and realising fine of Rs. 500/- in each case where the seal of a taxi meter is found broken or missing without ascertaining the cause as to why the seal is broken or missing and whether the driver or the owner is responsible for the same. The petitioners have also challenged the right of the Motor Vehicles Authorities to realise fine in that manner. On the other hand, the respondents are trying to justify realisation of 'fine' under section 86(5) of the Motor Vehicles Act, 1988 read with rule 262 of the West Bengal Motor Vehicles Rules, 1989. In paragraph-6 of the affidavit-in-opposition it is stated that breaking or tampering of seals of taxi meters is an offence for breach of rule 262 of the W.B.M.V. Rules, 1989 and that such breach of rule is treated as a breach of condition embodied in the permit and for such breach of condition there is a penal provision contained in section 86(5) of the M.V. Act, 1988 and accordingly the R.T.A., Calcutta Region has adopted a resolution in its meeting held on November 17, 1988 to impose a penalty of Rs. 500/- in each case of breaking of or tampering with seal.
(3.) Now the question is whether for broken seal the Motor Vehicles Authorities can unilaterally realise a fine of Rs. 500/- or any amount under section 86(5) of the M.V. Act. Rule 262 of the W.B.M.V. Rules, 1989 contains provisions regarding taxi meters in respect of motor cabs in certain areas mentioned therein including Calcutta. Sub-rule (4) of the said rule 262 provides that any owner, driver, attendant or other person who shall break or in any way tamper with the seal placed on the taxi-meter or the driving mechanism thereof, or who shall, with intent to deceive, tamper with the taxi-meter or the driving mechanism thereof, shall be deemed to have committed a breach of this rule. The conditions of permit for taxi is stated to contain a specific clause that the permit holder shall comply with all the relevant provisions of the Motor Vehicles Rules and any breach of rules shall be treated as a breach of a condition of the permit. Therefore if any Owner, driver, attendant or any other person breaks or tampers with the seal of a taxi-meter, he commits a breach of rule 262 of the W.B.M.V. Rules, 1989 in view of sub-rule (4) of the said rule and thereby violates a clause of the permit granted for plying the taxi, namely, the clause that requires the permit holder to comply with the provisions of the M.V. Rules. Section 177 of the M.V. Act, 1988 provides that whoever contravenes any provision of the Act or my rule, regulation or notification made thereunder shall, if no penalty is provided for the offence, be punishable for the first offence with fine which may extend to Rs. 100/- and for any second or subsequent offence with fine which may extend to Rs. 300/-. The offence of the breaking of or tampering with the seal of the taxi meter will attract punishment under section 177 of the Act, but that punishment can be imposed by Court and not by the officers of the M.V. Department. As we have seen, the breaking of or tampering with the seal of the taxi meter constitutes a breach of rule 262 of the W.B.M.V. Rules and a violation of a condition of the permit and therefore such act attracts the provision of section 86(1) (a) of the M.V. Act, 1988 which authorises the transport authority which granted the permit to cancel or suspend the same inter alia on the breach of any condition contained in the permit. The proviso to sub-section (1) of section 86 however requires that before cancelling or suspending any permit on any of the grounds mentioned in the said sub-section an opportunity has to be given to the holder of the permit to furnish his explanation. Sub-section (5) of section 86 which is relied upon in his connection on behalf of the respondents runs thus :- "(5) Where a permit is liable to be cancelled or suspended under clause (a) or clause (b) or clause (e) of sub-section (1) and the transport authority is of opinion that having regard to the circumstances of the case, it would not be necessary or expedient so to cancel or suspend the permit if the holder of the permit agrees to pay a certain sum of money, then, notwithstanding anything contained in sub-section (1), the transport authority may, instead of cancelling or suspending the permit, as the case may be, recover from the holder of the permit the sum of money agreed upon".;