Suspension of a driving license is invalid without a conviction for a cognizable offense, emphasizing that mere allegations are insufficient for action against a license.

Order :

ARVIND KUMAR VERMA, J.

1. With the consent of learned counsel for the respective parties, the matter is heard finally.

2. By way of the instant petition, the petitioner is seeking the following reliefs:-

10.1 It is therefore prayed that, This Hon’ble Court may kindly pleased to issue a writ/order/directions to quash/set-aside the order dated 25.07.2025 (ANNEXURE P/1) passed by the respondent no.2, arising out of the order dated 07.04.2025 (ANNEXURE P/2) passed by the respondent no.3, & revoke the suspension of the Driving license No. CG09/2003/0000506, in the interest of justice.

10.2 Any other relief/reliefs, which this Hon’ble Court may think fit and proper in the facts and circumstances of the case, may also please be granted to the petitioner.

3. Petitioner by way of the instant Writ Petition is challenging the order dated 25.07.2025 (ANNEXURE P/1) passed by the respondent no.2 in Appeal No. 07/2025 arising out of the order dated 07.04.2025 (ANNEXURE P/2) passed by the respondent no.3, in which the driving license of the petitioner has been suspended for a period of 6 months from 07.04.2025 to 06.10.2025 due to a FIR No. 178/2024 registered against the petitioner u/s 279, 337, 304A, 338 of IPC at PS Pipariya.

4. The brief facts of the case as projected by the petitioner are that, on 12.05.2024, an FIR No. 178/2024 was lodged against the petitioner on 12.05.2024 u/s 279, 337, 304A, 338 of IPC at PS Pipariya, District Kabirdham, CG. The case of the prosecution is that on 11.05.2024, around 10.45pm, the petitioner was driving Tata Nexon Car No. CG 04 MM 3142 & due to his rash & negligent driving, he hit the motorcycle CG 09 JP3679 due to which Punaram Kashyap died on spot & Birendra Kashyap suffered severe injuries & was admitted to hospital & hence an FIR was registered against the petitioner u/s 279, 337, 304A, 338 of IPC.

5. Thereafter, the respondent no.3 vide its order dated 07.04.2025, in exercise of its powers & provisions u/s 19 of the Motor Vehicle Act 1988 & Rule 21 of the Central Motor Vehicle Rules 1989 has suspended the driving license of the petitioner CG09/2003/0000506 for a period of 6 months from 07.04.2025 to 06.10.2025. Against the order dated 07.04.2025, an appeal has been preferred by the petitioner u/s 19(3) of the Central Motor Vehicle Rules, 1989 & the respondent no.2 vide its order dated 25.07.2025, dismissed the appeal No. 07/2025 preferred by the petitioner, & affirmed the order passed by the respondent no.3. Hence, this petition.

6. Learned counsel for the petitioner would contend that there is no eye witness to the aforesaid incident and the criminal case is pending and the same is fixed for prosecution evidence, meaning thereby till date the petitioner has not been convicted, therefore, the action of the respondent authorities in suspending the driving license of the petitioner is not just and proper. He would lastly contend that the suspension of the driving license of the petitioner de hors the rules is not maintainable, therefore, the same deserves to be set aside.

7. Per contra, learned State counsel contended that in violation of the statutory provisions of the Motor Vehicle Act, 1988 & Central Motor Vehicle Rules, 1989 by the petitioner they have suspended the driving license of the petitioner and it has been upheld by Respondent No.2.

8. I have heard learned counsel for the parties at length and perused the documents with utmost circumspection.

9. Rule 21 of the Central Motor Vehicle Rules, 1989 reads as under:-

21. Powers of licensing authority to disqualify.-- For the purpose of clause (f) of sub-section (1) of section 19, the commission of the following acts by a holder of a driving licence shall constitute nuisance or danger to the public, namely:--

(1) Theft of motor vehicle.

(2) Assault on passengers.

(3) Theft of personal effects of passengers.

(4) Theft of goods carried in goods carriages.

(5) Transport of goods prohibited under any law.

[(6) Driver while driving a transport vehicle, engages