Just a moment...
Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the Government's revisional power under Section 64-A of the Motor Vehicles Act could be exercised to set aside the appellate transport authority's order on the ground of propriety, and whether the High Court could interfere under Article 226 where the Government's decision was based on considerations germane to the statutory enquiry.
Analysis: Section 64-A confers power on the Government to satisfy itself as to the legality, regularity or propriety of subordinate transport orders. While illegality and irregularity are familiar grounds of interference, propriety is a wider concept involving choice between competing administrative views. In matters of stage carriage permits, the authority must balance policy considerations in the public interest, and the Court will not substitute its own view for that of the statutory authority merely because another view is possible. Interference under Article 226 is justified only if the decision is vitiated by irrelevant or extraneous considerations, mala fides, bias, or want of jurisdiction. On the facts, the Government had examined the record, given reasons, and acted within the scope of the statutory power.
Conclusion: The Government's order was valid and the High Court ought not to have quashed it.