Power of Transport Authority delegated to Secretary.

This is a petition to quash an order of the State Transport Appellate Tribunal confirming an order of the Secretary, Regional Transport Authority, Nilgiris, by which he revised the timings for the first respondent’s stage carriage MDN. 4251 since replaced by MDN 5000 on the route Ootacamund to Mettupalayam. This he did on an application by the first respondent which was notified under section 57 (3) of the Motor Vehicles Act, 1939. The petitioner objected to revision of timings on the ground that there was no need therefor, particularly the change for night halt from Ootacamund to Mettupalayam. The Secretary overruled this objection and found that a revision of timings for the first respondent’s bus would be in public interest. He was of the view that, having regard to the traffic, it was necessary to provide through trip from Mettupalayam to Ootacamund between 6 and 7 a.m. In purported to exercise of the powers delegated to him under rule 134-A of the Motor Vehicles Rules, 1940, he settled a revised schedule of tunings to take effect from nth September, 1961. The main change resulting from his revised schedule was that the first respondent’s bus, instead of halting at Ootacamund, halted at Mettupalayam and from there it started for Ootacamund at 6-15 a.m. Before the Tribunal the petitioner questioned the need for revised timings and also the jurisdiction of the Secretary of the Regional Transport Authority to change the timings and night halt. The Tribunal held against the petitioner on both the grounds and dismissed his Revision Petition.

In this Court Mr. Chengalvarayan for the petitioner did not challenge the propriety of the Tribunal’s finding that the change of the timings was in public interest, but confined his argument to the jurisdiction of the Secretary to make the order. Section 48(d) of the Motor Vehicles Act as it stood then conferred upon the Regional Transport Authority power to regulate timings of arrival or departure of stage carriages. This power he could exercise after consideration of the matters set forth in sub-section (1) of section 47. Rule 269 of the Motor Vehicles Rules provides that the Transport Authority may, from time to time, prescribes by a general order a schedule of timings for stage carriages on specified routes of by special order a schedule of timings for each stage carriage. Rule 134-A enables the Regional Transport Authority to delegate to the Secretary its power to fix time-table or approve it with or without modification or refuse to approve the time table in respect of a particular stage carriage or of a service of stage carriages. Rule 269 has been substituted by a new rule promulgated by G.O. Ms. 3357, Home, dated 27th November, 1959. Sub-rule (1) of this rule provides power for the Transport Authority to fix or approve schedule of timings for a particular stage carriage. This power includes the power to approve schedule of timings with such modification as the authority may deem necessary. Sub-rule (2) of this rule reads:-

"Notwithstanding anything contained in sub-rule (1) the Transport Authority may, at any time either on its own motion, or on application made to it in writing, if satisfied of the expediency, revise or modify any schedule of timings already fixed or approved for any particular stage carriage or any service of stage carriages on any route or portion thereof, after giving an opportunity of being heard to the applicant, if any. and any person likely to be or claiming to be affected by the revision or modification."

It may be seen that this sub-rule provides for revision or modification by the Transport Authority of any schedule of timings already fixed or approved. Section 48 also has been substituted by a new section, and what is relevant to this petition is section 48 (3)(iii) and (iv) which may be set out:

"The Regional Transport Authority........may grant the permit..........for one or more particular stage carriages, and may, subject to any rules that may