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 in Motor Vehicles Act 1988 and Rules framed thereunder, you are hereby given an opportunity of making any representation you may wish within 10 days of issuance of this SHOW CAUSE NOTICE, failing which it will be presumed that you have nothing to say on your part and the undersigned shall take action as per the provisions of Motor Vehicles Act and Rules framed thereunder.”

2.2 The petitioner submitted the reply dated 27th January, 2016 in which the petitioner sought better particulars namely date/place of occurrence and nature of alleged offence to enable him to reply to the show cause notice. The petitioner also sought personal hearing before any decision is taken on the show cause notice. Relevant portion of the reply is reproduced hereunder:

“Please refer to your show cause notice No. MLO/SKK/15/794 dated 18.01.2016, received on 22.01.2016.

The aforesaid show cause notice under reply refers to a challan for the violation of section 112.1/183(1) of Motor Vehicles Act, 1988.

However, detailed particulars of the date, place of occurrence and nature of offence have not been mentioned. In absence thereof, I am unable to effectively respond to the show cause notice.

You are, therefore, requested to kindly provide better particulars of the alleged violation, to enable me to respond to the show cause notice under reply.

Further, I would also request for a personal hearing before any such decision on the show cause notice under reply is taken by your good-self.”

2.3 Vide order dated 11th February, 2016, the Motor Licensing Officer suspended the petitioner's licence for a period of six months under Section 19(1)(d) of the Motor Vehicles Act. Relevant portion of the suspension order is reproduced hereunder:

“Suspension Order

In compliance of the direction by Hon'ble Supreme Court Committee on Road Safety to implement Road Safety Laws. The driving license of any person, who is prosecuted for the offence related to Over Speeding/Red Light Jumping/Over Loading in Goods Carriage/Carrying person in goods carriage/Driving vehicle under influence of liquor and drugs and using mobile phone while driving is to be suspended for a period of not less than 3 months.

And, whereas, the traffic police vide their letter No. 970/Computer Centre/Traffic dated 22.12.2015 forwarded by the MLO (Ops.) vide letter No. DC/Ops./2014/part file/6215-30 dated 07/01/2016 to this office intimated that you were challan for the above offence.

Whereas, the undersigned is not satisfied with your reply received by this office and therefore, the undersigned, Hem Raj, MLO, Central Zone, Sarai Kale Khan, New Delhi-110013 is hereby suspended DL No. 0619940099561 in respect of Sh. Ashish Gosain s/o Narendra Kumar under the provision of section 19(1)(d) of Motor Vehicle Act, 1988 for Six months. You are hereby