9911796707
TMI Blog1985 (7) TMI 375X X X X Extracts X X X X X X X X Extracts X X X X ..... under the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') by the Government of Haryana under the Notification dated March 16, 1973 issued under section 133-A of the Act is valid or not. The appellant in the above appeal by special leave questioned the validity of the appointment of the General Manager of Haryana Roadways under the Notification, referred to above, as an officer entitled to exercise the powers of a Deputy Superintendent of Police under the Act in Writ Petition No. 1770 of 1978 on the file of the High Court of Punjab and Haryana. The Writ Petition was dismissed by the High Court in limine. Aggrieved by the decision of the High Court the appellant has preferred the above appeal. The petitioners in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y police officer authorised in this behalf or other person authorised in this behalf by the State Government may, if he has reason to believe that any identification mark carried on a motor vehicle or any licence, permit, certificate of registration, certificate of insurance or other document produced to him by the driver or person in charge of a motor vehicle is a false document within the meaning of section 464 of the Indian Penal Code, seize the mark of document and call upon the driver or owner of the vehicle to account for his possession of or the presence in the vehicle of such mark or document. Under section 129-A of the Act any police officer authorised in this behalf or other person authorised in this behalf by the State Government ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Supdt. of Police. (b) Extra Assistant Transport - do - Controller (O) (c) Extra Assistant Transport - do - Controller (T) xx xx xx xx But by Notification dated March 16, 1973, referred to above, the Haryana Government for the Transport Department in exercise of its powers under section 133-A of the Act amended Rule 10.2 by adding clause (d) in the category of Class II Officers referred to in Rule 10.2 of the Punjab Motor Vehicles Rules, 1940, the relevant portion of which reads as follows :- 2. In the Punjab Motor Vehicles Rules, 1940 after clause (c) under class II in sub-rule 2 of rule 10.2 the following clause (d) shall be added namely:- (d) General Manager, Power exercisable by a Haryana Roadways. Deputy Superintende ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iate steps to prosecute the officers of his own department who are not complying with the provisions of the Act. In a given case it is likely that the General Manger himself may have to be prosecuted for not complying with law. The powers of stopping the motor vehicles and the powers of inspection, search, seizure and detention exercised under the Act are serious restrictions on the fundamental right of the operators of motor vehicles guaranteed under Article 19(1)(g) of the Constitution. These powers can be considered as reasonable restrictions only when they are exercised properly in the interests of the general public. They should be reasonable both from the substantive as well as the procedural standpoint. Such powers should, therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is, there are many other officers who are entrusted within the powers of the police officers under the Act. There was, therefore, no necessity to appoint the General Manager of Haryana Roadways also to exercise the said powers. We are, therefore, of the opinion that the appointment of the General Manager, Haryana Roadways who is directly responsible for running its motor vehicles as one of the officers who can exercise the powers of a Deputy Superintendent of Police under the Act imposes an unreasonable restriction on the fundamental right of the private motor vehicles operators and is therefore violative of Article 19(1)(g) of the Constitution. We however make it clear that the appointment of other officers of the State Government is not b ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
