SUDHIR KUMAR BRAUA Vs. STATE TRANSPORT (APPELLATE) AUTHORITY AND ORS.

JUDGEMENT

(1.) THE Secretary, Regional Transport Authority Dhubri on the 26th December 1960 issued a notification inviting applications within 25th January 1961, from the existing permit holders and the interested public for granting periodic contract carriage permit for three years for North Bank of Goalpara District, centres, Dhubri Bilasipara and Bongaigaon. In pursuance of the aforesaid notification the Petitioner filed in the prescribed form and applied for periodic contact carriage permits for three years The Respondent No. 6 to the present petition also applied for renewal of the permit. Thereafter the applications were considered by the Regional Transport Authority in its meeting held on the 26th and 27th March 1961. The application of the Petitioners for grant of the contract carriage permit was rejected by an order dated the 12th April 1961. The order has been filed along with the petition as annexure 'B' It reads as follows:

(2.) THE Petitioner prays that the orders passed by the Regional Transport Authority and the State Transport Authority be quashed. A number of points have been raised by the Petitioner. He has firstly contended that on all the dates when the meeting of the Regional Transport Authority was held the authority was not properly constituted, inasmuch as Shri R.N. Goswamy the District Transport Officer who by virtue of his office was the ex -officio member and Secretary of the Regional Transport Authority, handed over charge on the 26th March 1961 to Sri Madhab Das and from that date he was not entitled to participate in the deliberations of the Regional Transport Authority. He however on the 27th March 1961 was present in the meeting and participated in its deliberations. The entire proceedings therefore are without jurisdiction and a writ of certiorari should be issued quashing the order passed by the Regional Transport Authority and that of States Transport Authority. A number of other points have also been raised challenging the validity of the proceedings. As we accept the contention of the Petitioner on this point, it is not necessary to go into the other contentions raised by the Petitioner.

(3.) A counter -affidavit has been filed on behalf of the Secretary, State Transport Authority, Assam and Regional Transport Authority. In paragraph 5 of the Counter -affidavit it is stated that the applications for permits were considered on the 25th March, 1961, and the allotment of the permits was also made on that very date. Shri R.N. Goswami who was the Secretary of the Regional. Transport Authority, attended the meeting on 25th March in his own capacity. Mr. Goswami however handed over his charge to Sri M.C. Das in the afternoon of the 20th March, 1961 and though he attended a meeting held on 27 -3 -1961 it was only as a special invitee and in this meeting no consideration or allotment of any permit was made. This paragraph is verified to the knowledge of Mr. R.H. Shaw, I.A.S. Secretary, State Transport Authority, Assam Shillong. Obviously he can have no personal knowledge of the proceedings held on the 27th March, 1961.