JUDGMENT :

(Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the 1st respondent to return the petitioner’s original driving license bearing No.TN6319850000533 within stipulated time to be fixed by this Court.)

1. On consent given by either side, the main writ petition itself is taken up for final hearing.

2. The present writ petition has been filed to direct the 1st respondent to return the petitioner’s original Driving License bearing No. TN6319850000533.

3. The case of the petitioner is that he was working as Driver in the Tamil Nadu State Transport Corporation for the past 22 years and his services were made permanent. The petitioner was posted at Trichy depot.

4. On 21.07.2021, when the petitioner was driving the vehicle, there was an accident, as a result of which, a person who was driving the two-wheeler hit the bus and he died on the spot.

5. A complaint came to be given, based on which, an FIR was registered against the petitioner by the Mohanur Police Station in Crime No.582 of 2021 on 21.07.2021 for an offence under Section 279 and 304(A) of IPC. The FIR is pending investigation. In the meantime, the investigation officer had seized the original driving license from the petitioner. The petitioner was also suspended from service.

6. The suspension period was over and in spite of the same, the petitioner is not able to join back in service, since the driving license has not been returned back to the petitioner. According to the petitioner, unless and otherwise the petitioner is convicted for the offences and an order is passed under Section 19(1) of the Motor Vehicles Act, the original driving license cannot be impounded permanently. The petitioner, therefore, made a representation to the 1st and 2nd respondents on 12.08.2021. Since the same did not evoke any response, the present writ petition has been filed before this Court seeking for appropriate directions.

7. Heard the learned counsel for the petitioner and the learned Government counsel appearing on behalf of the respondents.

8. The issue that is involved in the present writ petition is squarely covered by the earlier Division Bench judgment of this Court in the case of [P.Sethuraman Vs. The Licensing Authority, The Regional Transport Officer, The Regional Transport Officer, Dindigul] in 2010 Writ Law reporter 100. The relevant portions in the judgment are extracted hereunder:-

“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.

8. A bare reading of Section 19(1) shows that the Licensing Authority has the power to revoke any licence or disqualify a person for a specified period from holding or obtaining a driving licence, if any of the contingencies prescribed in Clauses (a) to (h) of Sub Section (1) of Section 19 arises. Moreover, the power under Section 19(1) can be invoked only after giving an opportunity of being heard to the holder of the licence and for reasons to be recorded in writing.

9. But in the case on hand, the licence of the appellant was impounded or retained by the police immediately after the accident. Thereafter, the respondent issued the show cause notice under Section 19(1) of the Act, after getting a report from the