LexM/S. KRISHNA BUS SERVICE PVT. LTD. ETC. ETC. versus STATE OF HARYANA & ORS.
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330 A M/ s. KRISHNA BUS SERVICE PVT. LTD. ETC. ETC. v. STATE OF HARYANA & ORS. JULY 25, 1985 ll [E.S. VENKATARAMlAH AND K.B. MISKA, JJ. J The Punjab Motor Vehicles \Haryana First Amendment) Rules, 1973 adding clause \d) to 1062 whereby the General Manager, Haryana Roadways is conferred with all powers exercisable by a Deputy Superintendent of Police under the Motor Vehicles Act, 1939 (Act IV of 1939) - Whether the conferal of such a power is c violative of Article 19(1)\d) of the Constitution and otherwise contrary to the object and spir.it of the Act, in view of his position as General Manger. Under section 133-A of the Motor Vehicles Act, 1939 the ' State Government may for the purpose of carrying into effect the provisions of the Act establish a motor vehidles department and D appoint as officers thereof such as it think~ fit. Under Rule 10:2 of the Punjab Motor Vehicles Rules, 1940 (as in force in the State of llaryana) as it stood prior to March 16, 1973, under class II, the State Government had appointed' and empowered (a) Secretaries, Regional Transport Authorities;· (b) Extra Assistant Transport Controller (Operation); and (c) Extra Assistant Trans- E port Controller (Traffic) with police powers exercisable by De- puty Superintendent of Police under the Act. There are several powers, like in sections 129. 129-A of the Act, which a Police Officer may exercise under the Act and the rules made thereunder against persons who are carrying on the business of providing motor transport facilities. F The appellant in the Civil Appeal and the petitioners in the Writ Petitions carry on their business of motor transport in the State of llaryana. All the motor vehicles operators are re- quired to comply with the provisions of the Act and the rules made thereunder. Non-compliance with many of those provisions G ..Ould result in prosecution and those who are found quilty are liable to be punished. The Haryns Roadways is a department of the State of Haryana. It also carries on the business of provi- ding passenger transport facilities i~ competition with the appellant and the petitioners herein. It owns a fleet of motor vehicles for the purpose of its business. The llaryana Roadways H · ' KRISHNA BUS SERVICE v. STATE 331 is also subject to the various provisions of the Act and the, A rules made thereunder. The General Manager of Haryans Roadways is principally responsible for the proper administration of the Haryans Roadways. By a notifiction dated March 16, 1973 called the Punjab Motor Vehicles (Hary~ First Amendment) Act Bules, 1973, the B General Manager Haryans Roadways was conferred with the . powers exercisable by a Deputy Superintendent of Police by virtue of the addition of clause (d) in Bule 10:2 of the Punjab Motor Vehicles Bules, 1940. The appellant in C.A. No. 2890/85 filed a writ petition No. c 1770/78 on the file of the Punjab and Haryana High Court challen- ging the said conferal of power upon the General Manager, which was dismissed in limine and has come in appeal by way of Special Leave. The writ petitioners under Article 32 also contend: (i) the appointment of the General Manger, Haryana Roadways, who is himself responsibile for the proper management of the activities u of the Haryans Roadways and its prosperity and profitability and who is carrying on business in competition with other private operators as an officer who can exercise the powers of the Deputy Superintendent of Police under the Act is violative under Article 19 (l)(g) of the Constitution and it is otherwise contrary to the object and spirit of the Act; and (ii) that the General Manager, Haryana Roadways would not be able to discharge his functions E satisfactorily in the interests of the general public si;ice as being himself under a duty to comply with the provisions of the Act and the rules ·made thereunder in respect of the motor vehi- cles of the llaryana Roadways cannot be expected to.discharge the functions of checking, inspection, search ·and seizure regarding ·the motor vehicles belonging to the llaryans Roadways and to take F appropriate steps to prosecute the officers of his own department wo are not complying with the provisions of the Act. Allowing the appeal and the petitions, the Court HELll: 1.1. The Notification dated March 16, 1973 called the Punjab Motor Vehicles (Haryana First .Amednment) Bules, 1973 by which the General Manage
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