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2016 Supreme(Del) 3297

J.R.MIDHA
Ashish Gosain – Appellant
Versus
Department of Transport – Respondent


Advocates Appeared:
For the Petitioners:Mr. Abhijat, Mr. Puneet Mittal, Mr. R.P. Singh and Mr. Sachin Chaudhary, Advocates.
For the Respondents: Mr. Rahul Mehra, Senior Standing Counsel, Mr. Anuj Aggarwal, ASC with Mr. Aditya Swarup Agarwal, Mr. H.K. Singh, DCP, Insp. Mohaj Sinha, ASI Virendra Singh and HC Pawan.

JUDGMENT :

J.R. MIDHA, J.

1. The petitioner has challenged the suspension order whereby his driving licence has been suspended under Section 19(1)(d) of the Motor Vehicles Act, 1988.

2. Factual matrix

2.1 The petitioner received a show cause notice dated 18th January, 2016 to show cause why he should not be disqualified for holding a driving licence under Section 19(1)(f) of the Motor Vehicles Act, 1988 read with Rule 21 of the Central Motor Vehicle Rules, 1989. The relevant portion of the notice dated 18th January, 2016 is reproduced hereunder:

“Show Cause Notice

Whereas, it has been informed by the Dy. Commissioner of Police (Traffic) that you have been challaned for the violation of Section 112(1)/183(1) of Motor Vehicle Act, 1988 and requested this office to suspend your driving license as per the directions of the Hon'ble Supreme Court Committee on Road Safety.

And, Whereas, the undersigned the licensing authority is empowered to disqualify you from holding a driving license for a specific period or revoke such license under section 19(1)(f) of Motor Vehicles Act 1988 read with Rule 21 of the Central Motor Vehicle Rules, 1989.

And now, therefore in exercise of power conferred upon me





















































































































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