Rajasthan High Court
Ranawat & Bhandari, JJ.
Maula Bux - Appellant
Versus
Appellate Tribunal of the S.T.A. Jaipur - Respondents
D.B. Civil Writ No. 313 of 1959
Decided On : March 18, 1960
2. In the first place, the petitioners have challenged the validity of the Constitution of the Appellate Authority for the reason that the Chairman of the Appellate Authority was not a person of judicial experience and according to the petitioners, it was necessary that the post of, the Chairman of the Appellate Authority should have been held by a person having the qualification of judicial experience similar to that of the Chairman of the State and the Regional Transport Authorities under sec. 44(2) of the Motor Vehicles Act. In the next place, the petitioners claim that the constitution of the Appellate Authority was bad for the reason that the Director of Transport was one of its members, when he could not have been appointed as such; for he was the head of the transport undertakings of the State and was thus a person interested in the business of transport. The petitioners also claim that the State Government in amending R. 108 tailed to follow the procedure laid down by sec. 23 of the General Clauses Act inasmuch as in the draft which they published, there was no mention of the person, who was to be appointed as Chairman of that authority and in the rule, which was framed after publication of the said draft, a specification was added that the Transport Minister was to be the Chairman of the Authority. In this connection, the contention of the petitioners is that unfettered powers were given to the Government to prescribe the Appellate Authority and sec. 64 of the Motor Vehicles Act was unconstitutional for that reason. In the alternative, it was contended that the State Government should have prescribed the qualifications of judicial experience for the office of the Chairman of the Appellate Authority in accordance with the spirit of the Motor Vehicles Act, as indicated by the provision of sec. 44(2) of the Motor Vehicles Act by which the Chairman of the State and the Regional Transport Authorities, who perform functions similar to those of the Chairman of the Appellate Authority, is required to possess judicial experience. The petitioners also contend that the Regional Transport Authority and the State Transport Authority acted in disregard of the provision of the proviso to sec. 48(1) of the Motor Vehicles Act in granting per
SupremeToday
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.