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2002 Supreme(SC) 670

B.P.SINGH, H.K.SEMA, M.B.SHAH
Mor Modern Co-operative Transport Society LTD. – Appellant
Versus
Financial Commissioner And Secretary To Government Of Haryana – Respondent


JUDGMENT

Bisheshwar Prasad Singh, J.-The core question which arises for consideration in this appeal by special leave is whether the Transport Commissioner of the State of Haryana has any financial interest within the meaning of Section 68 (2) of the Motor Vehicles Act, 1988 in the Government Undertaking known as the Haryana Roadways so as to render him ineligible for appointment as Chairman of the Regional Transport Authority. The appellant had challenged by a writ petition the Notification dated March 27, 1998 whereunder the Transport Commissioner was appointed as Chairman of the Regional Transport Authority. Since the aforesaid Notification was superseded by a subsequent Notification of December 31, 1998 appointing the Secretary, Regional Transport Authority as Chairman and the Traffic Manager of the Haryana Roadways as a member of the authority, apart from a representative of the District Administration, the appellant amended the writ petition and challenged the Notification of December 31, 1998 also. The High Court of Punjab and Haryana dismissed the writ petition by its impugned judgment and order dated February 21, 2000. Later by a Notification dated February 20, 2001 in supe



































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