Alok Sharma, J. - (1.) ALL these petitions relate to cancellation of permit issued by the Secretary, Regional Transport Authority for plying buses on a regional route. The facts of S.B. Civil Writ Petition No. 9400/2014 (Kumari Avani Vs. State Transport Appellate Tribunal & Anr.) are taken as the lead case. The petitioner was granted a permit for a regional route to ply her bus bearing Registration No.RJ -13 -PA -7627 on Sriganganagar Sangariya route. The permit was valid till 20.10.2015. In a purported inspection by the Transport Inspector, it was allegedly found that the petitioner was not plying the bus in issue on the route for which permit had been granted to her. Thereupon a report appears to have been made to the District Transport Officer. The District Transport Officer in turn forwarded the report with his recommendation to the Regional Transport Authority vide his letter dt. 11.04.2014. Thereupon a notice was issued by the Secretary, Regional Transport Authority to the permit holder on or about 02.06.2014 alleging that as the petitioner was not plying the vehicle in issue on the route for which permit was granted, she should show cause as to why the permit should not be cancelled in terms of its power under Sec. 86(1) of the Motor Vehicles Act, 1988 (hereinafter 'the Act of 1988'). The petitioner was required to file her reply by 17.06.2014.
(2.) THE petitioner filed her reply to the show cause notice alleging that the very foundation of the Inspector's report with regard to non -plying of the vehicle in issue under the permit was absolutely vague and make believe. It was stated that for one the inspection was not carried out on any complaint made and further that the date of inspection or the time/s on which the said inspection was made was not indicated in the show cause notice. It was submitted that the purported report of the Inspector with regard to non -plying of the vehicle in issue, in spite of grant of permit evidently was without a proper inquiry having been conducted as neither the statements at least the vendors at the bus stops in the course of the route between Sriganganagar to Sangariya were taken, nor was the statement of any passenger aggrieved of the alleged non -plying of the vehicle recorded. It was further submitted that even otherwise no copy of the Inspector's report was submitted along with the show cause notice. It was stated that it appeared that the entire proceedings against the petitioner were based on mere conjectures and surmises as in fact the petitioner was indeed plying the vehicle on the route for which permit was granted and paying the road tax and special road tax as leviable on the bus in issue. However vide order dt. 24.06.2014, passed by the Secretary, RTA, the petitioner's defence to the show cause notice was negated and the permit cancelled.
(3.) THE petitioner thereupon took her remedy by way of an appeal before the State Transport Appellate Authority. But owing to the said Authority being non -functional for lack of quorum the petitioner has approached this Court under Article 226 of the Constitution of India.;