1. Sri Themmalapuram Bus Transport Ltd., Palghat, is the petitioner before me. The Secretary, Regional Transport Authority, Malabar (1st respondent) suspended the permit of a bus belonging to the company by Ext. A dated 21.9.1955. The order reads as follows:

"It was reported in the report of the Sub Inspector of Police, Kollengode, dated 14.3.55 that on 12.3.55 at 6.30 P.M. at Koduvayur Bazaar, when the bus MDM 5161 was checked by the S.I. of Police Kollengode, he found carrying an overload of 9 adult passengers in it.

As this was violation of one of the conditions of the permit the operator was called on, in this office charge memo No. 7809/B3/55/ dated 18.4.55 to show cause as to why disciplinary action should not be taken against him under S.60 of the Motor Vehicles Act, 1939.

The operator in his explanation dated 30.4.55 states that the bus had carried only the correct load, and that when the Sub Inspector of Police checked the bus at Koduvayur bazaar, he counted the persons seated in and standing around the bus, as passengers. His explanation is not satisfactory and not accepted. The permit of the bus is therefore suspended for a period of 45 days with effect from 25.