1. The petitioner, who is the holder of a driving licence bearing No.40/2480/2005, is before this Court in this writ petition filed under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P3 proceedings of the respondent dated 27.10.2017, issued in exercise of the powers under Section 19 of the Motor Vehicles Act, 1988, (for brevity, 'the Act').

2. On 25.10.2017, the petitioner was issued with Ext.P1 notice to show cause why proceedings shall not be initiated against him under Section 19 of the Act disqualifying him from holding the driving licence or to revoke the driving licence. The said notice was issued in connection with Crime No.2386/2017 of Vaikom Police Station, registered in connection with a motor accident occurred on 11.10.2017, alleging offences punishable under Sections 279, 337 and 304A of the Indian Penal Code, 1860 involving a goods carriage driven by the petitioner, resulting in the death of a pillion rider in a motorcycle.

3. On receipt of Ext.P1 notice, the petitioner submitted Ext.P2 reply. On 27.10.2017, the petitioner was heard by the respondent and thereafter, he has been issued with Ext.P3 proceedings dated 27.10.2017 on a printed/cyclostyled proforma with some insertions here or there and by filling the blanks, whereby he is disqualified under sub-section (1) of Section 19 of the Act from holding driving licence bearing No.40/2480/2005 for a period of one year, from 27.10.2017 to 26.10.2018. In Ext.P3 proceedings, the respondent has also referred to Ext.P4 Circular No.21/2008 issued by the Transport Commissioner.

4. Heard the learned counsel for the petitioner and also the learned Senior Government Pleader for the respondent.

5. The sole issue that arises for consideration in this writ petition is as to whether an interference is warranted on Ext.P3 order of the respondent, invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, when the said order is appelable before the Deputy Transport Commissioner under sub-section (3) of Section 19 of the Act.

6. Section 19 of the Act deals with the power of the licensing authority to disqualify a person from holding a driving licence or to revoke such licence. As per sub-section (1) of Section 19 of the Act, if a licensing authority is satisfied, after giving the holder of a driving licence an opportunity of being heard, that he (a) is a habitual criminal or habitual drunkard; or (b) is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the Narcotic Drugs and Psychotropic Substances Act, 1985; or (c) is using or has used a motor vehicle in the commission of a cognizable offence; or (d) has by his previous conduct as driver of a motor vehicle shown that his driving is likely to be attended with danger to the public; or (e) has obtained any driving licence or a licence to drive a particular class or description of motor vehicle by fraud or misrepresentation; or (f) has committed any such act which is likely to cause nuisance or danger to the public, as may be prescribed by the Central Government, having regard to the objects of the Act; or (g) has failed to submit to, or has not passed, the tests referred to in the proviso to sub-section (3) of Section 22; or (h) being a person under the age of eighteen years who has been granted a learner's licence or a driving licence with the consent in writing of the person having the care of the holder of the licence and has ceased to be in such care, it may, for reasons to be recorded in writing, make an order (i) disqualifying that person for a specified period for holding or obtaining any driving licence to drive all or any classes or descriptions of vehicles specified in the licence; or (ii) revoke any such licence. Rule 21 of the Central Motor Vehicles Rules, 1989 provides that for the purpose of clause (f) of sub-section (1) of section 19 of the Act, the Commission of the acts made mention in clauses