V. Ramasubramanian, J

The appellant is a driver of a bus owned by the State Transport Corporation. The bus which the appellant was driving was involved in a road traffic accident that happened on 08.04.2009 in which a lady and her child died. Immediately, a FIR was registered against the appellant for an offence under Section 304-A IPC and his licence was also seized.

2. Thereafter, a notice dated 18.04.2009 was issued to the appellant under Section 19(1) of the Motor Vehicles Act, 1988. Though the appellant submitted a reply, the respondent passed an order in a printed format suspending the licence of the appellant for a period of three months from 15.05.2009 to 14.08.2009. Aggrieved by the said order, the appellant filed a writ petition, but the same was dismissed by the learned Judge on the ground of availability of alternative remedy. Aggrieved by the said order, the writ petitioner is on appeal.

3. Heard Mr. S. Arunachalam, learned counsel for the petitioner. Mr. D. Sasikumar, learned Government Advocate takes notice for the respondent.

4. Though there is, in fact, an alternative remedy of appeal available under Section 19(3) of the Act, a fundamental question is