The petitioner had a stage carriage permit for his bus MDJ 1953. On 18th May, 1956, the Motor Vehicles Inspector, South Salem, stopped the vehicle at the 15th milestone on the Salem-Harur road, and checked it. He then found that the bus was carrying 49 passengers, excluding the driver and the conductor, while its authorised seating capacity was only 40 passengers. The bus was overloaded by nine passengers. In addition, it was found that thirty-one baskets of mangoes were being transported by that bus, for which freight charges had been collected at the rate of four annas per basket.

The Secretary to the Regional Transport Authority, Salem, called for the explanation of the petitioner in respect of these irregularities. In the explanation which the petitioner submitted, he stated that the allegation that there were fortynine passengers was untrue and that the bus carried only 40 passengers. He further mentioned that a constable was travelling in that bus and that the constable should be examined in support of his explanation. He further pleaded that the charges had been brought against him purposely out of prejudice. So far as the baskets of mangoes were concerned, the explana