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2023 Supreme(Online)(Kar) 34140
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2023 PRESENT THE HON'BLE MR JUSTICE G.NARENDAR AND THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 5138 OF 2023 (S-KSAT)
BETWEEN:
THE KARNATAKA PUBLIC SERVICE COMMISSION UDYOGA SOUDHA, PARK HOUSE ROAD, Digitally signed by C HONNUR SAB BANGALORE - 560001 Location: High REP: BY ITS SECRETARY.
Court of Karnataka …PETITIONER (BY SRI. PRAKASH K M., ADVOCATE)
AND:
1. SRI RAGHAVENDRA D M S/O MANCHAIAH M., AGED ABOUT 37 YEARS, R/A NO.1145, 26TH A MAIN, 9TH BLOCK, JAYANAGAR, BANGALORE - 560079.
2. THE COMMISSIONER, DEPARTMENT OF TRANSPORT, 1ST FLOOR, ‘A’ BLOCK, TTMC BUILDING, SHANTINAGAR, BANGALORE - 560027.
…RESPONDENTS (BY SRI. SATISH K., ADV. FOR R1, SMT. SHILPA S.GOGI, AGA FOR R2.)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER DATED 30/09/2022 PASSED IN APPLICATION NO.1846/2022 BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BANGALORE VIDE ANNEXURE-C ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, G.NARENDAR J., MADE THE FOLLOWING:
ORDER
Heard learned counsel for the petitioner and learned Additional Government Advocate and learned counsel for the private respondent.
2. The short point that fell for consideration before the Tribunal was; whether the respondent was entitled to be selected to the post of Inspector of Motor Vehicles despite the endorsement issued by the RTO that “no driving licence and experience”.
3. The Tribunal placing reliance on Annexure-A9, has been pleased to hold that though the licence had expired as on the date of notification and submission of the application, but in view of the application for renewal, the renewal takes effect from the original date which, prima-facie appears to be in the teeth of the provisions of Section 15 of the Motor Vehicles Act, 1988, more particularly, the first proviso. That apart, the petitioner has also placed on record an Extract of Driving Licence issued by the Licencing Authority, wherein it is stated as under:-
“Validity Gap Period (if any)
The License was valid throughout the period except as following(s)
| SL. NO. CATEGORY FROM DATE TO DATE |
| 1. TR 30-09-2013 13-10-2016 |
| 2. TR 14-10-2019 17-01-2020 |
| DL Suspension / Cancellation / Blocking Detail (if any) |
| SL. NO.I.A / RTO ORDER NO ORDER DATE ORDER BY TYPE FROM DATE TO DATE ACT DATE” |
4. From a reading of the above, it is apparent that the authority has opined that the licence was not valid between a particular period. In that view, we are of the considered opinion that the order may require a re-look by the Tribunal in view of the above factual material. Accordingly, the order impugned is set-aside and the matter is remitted back in view of the production of the additional documents. Liberty is granted to the petitioner to produce the said documents along with the necessary pleadings in support of the same.
5. The Tribunal shall consider the same and pass orders on merits.
6. Writ petition stands ordered accordingly.
In view of disposal of the petition, interlocutory applications if any, do not survive for consideration and is accordingly disposed off.
JUDGE
