The court emphasized the necessity of following due process and providing specific grounds when invoking the power to suspend or revoke a driving licence under Section 19(1) of the Motor Vehicles Act, 1988.

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 raised as to whether the mere registration of a criminal complaint and the involvement of a driver in a road traffic accident is enough to invoke the power to suspend or revoke a driving licence under the Act. Since a lot of cases of this nature have come up, we deem it fit not to send the appellant to avail the alternative remedy.

5. Section 19(1) of the Motor Vehicles Act, 1988, empowers the Licensing Authority to disqualify a person for holding or obtaining any driving licence for a specified period or to revoke any such licence. Similarly, a Court which convicts a person for an offence under the Act, is empowered by Section 20(1) to disqualify such person from holding a driving licence for a specified period. Section 21 makes a driving licence become suspended, if the holder of the licence had been previously convicted of an offence punishable under Section 184 and a case had been registered against him on the allegation of causing the death or grievous injury to one or more persons by dangerous driving. Section 22 empowers the Court to cancel or suspend the driving licence, upon conviction of a person for an offence under Section 184.

6. Obviously, Sections 20 and 22 are not applicable to the case on hand, since the action impugned in the writ petition did not arise out of the disqualification ordered by a Court. There is no allegation that the appellant was previously convicted for an offence under Section 184. Therefore Section 21 also has no application to the case on hand. Consequently, the only provision to which the respondent could resort to is Section 19.

7. Section 19 of the Motor Vehicles Act, 1988, reads as follows:- “19. Power of licensing authority to disqualify from holding a driving licence or revoke such licence.

.(1) 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 (61 of 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 public, as may be prescribed by the Central Government, having regard to the objects of this 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;