IMPORTANT POINT
The main legal point established in the judgment is that the power to revoke or disqualify a driving license under Section 19 of the Motor Vehicles Act, 1988, can only be exercised after giving the holder of the license an opportunity to be heard and for reasons to be recorded in writing. Additionally, the seizure of the license by the police is not mandatory for initiating action under Section 19.

JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus, to call for the entire records pertaining to the impugned show cause notice of the 1st respondent File No.001860/A2/2024 dated 22.01.2024 and quash the same and consequently, direct the first respondent herein to return the original driving license No.TN28 20040004591 to the petitioner herein forthwith.)

1. This writ petition is filed as against the impugned show cause notice issued by the 1st respondent/the Regional Transport Officer, Srirangam, Tiruchirappalli, calling for an explanation from the petitioner as to why his driving license should not be disqualified under Section 19 of the Motor Vehicles Act, 1988.

2. The learned Counsel for the petitioner submits that the petitioner is working as Driver in the Tamil Nadu State Transport Corporation. While he was driving a bus bearing Reg.No.TN45 N 3837 on 14.01.2024, an accident had occurred, due to which, a case was registered as against the petitioner under Sections 279 and 304 (A) IPC. The respondent Police seized the petitioner's driving license and handed over the same to the first respondent. Now, the first respondent has issued the impugned show cause notice.

3. The learned counsel appearing for the petitioner further submits that while the petitioner was driving the bus on 14.01.2024, suddenly, a lady, who suffered from mental retardation, crossed the road and though the petitioner suddenly applied the break, the bus dashed against the lady and the accident had occurred. He further submits that the petitioner is not involved in any other case. The first respondent, by referring the provisions of Section 19 of Motor Vehicles Act, 1988, read with Rule 21 of Central Motor Vehicles Rules 1989, has initiated action to impound the petitioner's driving licence, for which, the impugned show cause notice has been issued. He further submits that the deceased in this case is a mentally retarded person and the investigation in this case is yet to be completed. Only on the filing of final report, it would reveal that whether there is any negligence on the part of the petitioner and in the absence of any material that there is negligence on the part of the petitioner in the said accident, it is not proper on the part of the first respondent to initiate action for impounding the driving licence.

4. The learned Additional Government Pleader appearing for the first respondent and the learned Government Advocate (Crl. Side) appearing for the third respondent fairly conceded that the person, who died in the accident, is a mentally retarded person and the investigation is going on.

5. This Court considered the rival submissions made.

6. The petitioner is the Driver of the Tamil Nadu State Transport Corporation. While he was on duty in driving the bus, the accident had occurred and a case was registered as against the petitioner under Sections 279 and 304(A) IPC and the petitioner's driving license was seized by the 3rd respondent and forwarded to the first respondent and subsequently, the first respondent, by referring the provisions of Section 19 of Motor Vehicles Act, 1988, read with Rule 21 of Central Motor Vehicles Rules 1989, has initiated action to impound the petitioner's driving licence, for which, the impugned show cause notice has been issued. Admittedly, the deceased in this case is a mentally retarded person and investigation is yet to be completed.

7. A Division Bench of this Court in [P.Sethuraman Vs. The Licensing Authority, The Regional Transport Officer, The Regional Transport Officer, Dindigul] in 2010 Writ Law reporter 100 has held as under:

“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 aris