Competency of Transport Authority for imposing punishment for misconduct made outside its jurisdiction.

The above revisions involve common and identical issue and submissions have been also made by learned counsel on either side in common. Hence, they are dealt with together.

2. C.R.P.No.1542 of 1985 has been filed under Sec.64-B of the Motor Vehicles Act, 1939, read with Sec. 115 of the Code of Civil Procedure, challenging the order of the State Transport Appellate Tribunal, Madras in Appeal No.856 of 1983, confirming the order of the Regional Transport Authority, North Arcot, in his proceedings, R.No.45/5236/82, dated 6. 1983, where under the Regional Transport Authority ordered suspension of the stage carriage permit in respect of the bus TNJ.4509 belonging to the petitioner for one day with option to compound the offence on payment of Rs.300 for an offence or overload of three adult passengers. The basis of the charge which culminated in the above orders is that on 5. 1979 at about 230 p.m. On Sankarapuram-Tirukoilur Road, when the Sub Inspector of Police, Sankarapuram, stopped and checked the vehicle in question, there were 63 adult passengers excluding the driver and conductor as against the permitted seating capacity of 60 passengers. On a report being sent by the checking officer to the Regional Transport Authority, South Arcot, who forwarded the connected records and check report to the Regional Transport Authority, Vellore, a charge-memo was issued and in the absence of any explanation by the petitioner in spite of opportunity granted therefor, the Regional Transport Authority, North Arcot at Vellore, ordered the suspension as above. The appeal filed thereon before the State Transport Appeal to Tribunal, Madras, also filed. Hence, the above revision.

3. C.R.P.No.1543 of 1985 has been filed by the petitioner against the order of the State Transport Appellate Tribunal, Madras, in Appeal No.803 of 1983 confirming the order of the Regional Transport Authority, North Arcot at Vellore, in his proceedings, R.NO.A5/52371/82, dated 24. 1983, suspending the stage carriage permit in respect of the bus TNJ.4509 belonging to the petitioner for one day with option to compound the offence on payment of Rs.300 for an offence of overload of five adult passengers. The basis of the charge is that on 12. 1981 at about 5.45 p.m. on Sankara-puram-Moongilthuraipettu Road at Melsiravellore, when the Motor Vehicles Inspector, Gr.1, Ulundurpet, stopped and checked the vehicle in question, there were 65 adult passengers excluding the driver and conductor as against the permitted seating capacity of 60 passengers. The Checking Officer appears to have sent a report to the Regional Transport Authority, South Arcot, who forwarded the same to the Regional Transport Authority, Vellore, and the said Authority, after issuing a charge memo, and in the absence of any explanation from the petitioner in spite of opportunity granted, has passed the order dated 24. 1984, suspending the permit relating to the vehicle for one day as stated above. The appeal filed against the same before the tribunal also filed. Hence, the revision.

4. Mr.V.Manivannan, learned counsel for the petitioner, contended that the Regional Transport Authority, North Arcot at Vellore, had no jurisdiction or authority to initiate proceedings and impose the penalty by may of suspension for the alleged irregularity or contravention of the provision by means of overloading and that it is the Regional Transport Authority, South Arcot, which would be the competent authority to take any action against the petitioner in respect of the offence or violation noticed within the territorial limits of South Arcot District, coming under the jurisdiction of the Regional Transport Authority, South Arcot. The learned counsel sought to substantiate the said claim on the ground that the permit in question with reference to the stage carriage under consideration was in respect of an inter-district route and that though the primary permit was issued by the Regional Transport Authority, North Arco