- (1.) Vide notice dated 15.12.1992, the RTA respondent No.1 invited applications for grant of two regular stage carriage permits with return trip daily on Mukatsar Ludhiana via Doda, Bhatinda, Barnala Raikot route. The petitioner and also the private respondents applied for the same.
(2.) The State Transport Commissioner, vide order dated 13.9.1995, granted one permit with half trip in favour of the petitioner. While passing that order, regarding merits of the petitioner, following observation was made by the said officer:- "As regards the share of Private Transport Operators on the route, after carefully going through the arguments and merits of each applicant, I find that the applicant mentioned at S.No.104 i.e. Orbit Transporters Regd. VPO Badal, Distt. Faridkot is the most deserving applicant for the grant of stage carriage permit on the said route. The said applicant is well established in the Transport business having a fleet of good conditioned buses. It has sufficient operational capacity to undertake fresh mileage if granted in their favour. The applicant company has certainly got an edge over the other Private applicants of the route and the applications of the remaining applicants are therefore rejected." Private respondents filed different appeals, which were allowed by the State Transport Appellate Tribunal vide judgment dated 8.9.2004.
(3.) The order passed by the State Transport Commissioner was reversed primarily on the ground that while granting route permit, in favour of the petitioner, the authority has failed to discuss merits inter-se of the applicants. It has further been said that the order passed was non-speaking.;