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2009 Supreme(P&H) 1353

T.S.THAKUR, KANWALJIT SINGH AHLUWALIA
Kripal Singh Sandhu – Appellant
Versus
State Of Punjab – Respondent


Judgment

T. S. THAKUR, C. J.

1. This petition has been filed in public interest. The grievance made by the petitioner who happens to be the President of All Tempo and Mini Truck union in Punjab is that although Sec.56 of the Motor Vehicles Act, 1988 read with rules 62 and 63 of the Central Motor Vehicles Rules, 1989 , envisages setting up of authorised testing stations for issue of certificates of fitness in the prescribed forms, the Government of Punjab have not taken any steps whatsoever to allow such authorised testing stations being set up. The result, according to the petitioner, is that all such vehicles as are required to be registered based on such fitness certificates have to necessarily approach the District Transport Officers concerned. Learned counsel appearing for the petitioner argued that the inaction on the part of the State in the matter of setting up of authorised Testing Stations is not only creating serious problems for the commercial transporters and vehicle owners but is breeding corruption within the Department where such certificates are issued only for a price. The alternative system which the Motor Vehicles Act, 1988 and the Rules envisage, has not been all












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