Raisina Bengali School Society v. Assistant Commissioner of Police and Anr.

1. Petitioner impugns order dated 07.11.2019 of the Assistant Commissioner of Police/Traffic Road Safety Cell, Delhi suspending the permit of the vehicle bearing No.

2. Subject vehicle is a school bus being operated by the petitioner which runs a school for ferrying school children.

3. Learned counsel for Petitioner submits that after the communication of the order, bus was surrendered on 12.12.2019. 2020:DHC:130

4. It is contended by learned counsel for the petitioner that the permit has been suspended in exercise of powers under Section 84 and 86 of the Motor Vehicle Act, 1988 (hereinafter referred to as the Act) on the ground that the said bus was involved in a fatal accident on 13.08.2019.

5. Learned counsel for the petitioner contends that neither Section 84 nor Section 86 of the Act permits the authority to suspend the permit on the ground of an accident or a fatal accident.

6. Learned counsel submits that the respondents have also prejudged the issue as to the question as to whether the driver of the petitioner was negligent or the accident was caused solely on account of his lapse is yet to be adjudicated upon.

7. Learned counsel further submits that Civil Proceedings for compensation and criminal proceedings against the driver are still pending and the permit of the petitioner could not have been cancelled, prior to any finding of negligence being returned.

8. He further submits that without prejudice to his rights and contentions and without prejudice to his above stand, since the petitioner is a government aided school and the bus is used for ferrying students, grave prejudice is being caused to the petitioner on account of suspension of the permit.

9. Without going into the controversy as raised in the petition with regard to the power of the respondent under Section 84 and 86 of the Act and the stage at which such power could be exercised and keeping in view the facts and circumstances and the fact that petitioner is a government aided school and the bus is being used for ferrying school children, the period of suspension as directed by order dated 07.11.2019 is reduced to the period already passed i.e. 12.12.2019 till today.

10. Petition is, accordingly, disposed of in the above terms.

11. It is clarified that this Court has neither considered nor expressed any opinion on the powers of the respondent under Section 84 and 86 of the Act or the stage at which such powers are to be exercised. The said questions are left open.

12. It is further clarified that this Court has not commented upon the negligence or otherwise of the driver of bus. It is further clarified that this order would have no bearing on the proceedings; civil or criminal.

13. Since the period of suspension has been reduced to the period already passed, respondents are directed to release the bus to the petitioner forthwith.

14. Order dasti under signatures of the Court Master.

JANUARY 09, 2019/‘rs’ SANJEEV SACHDEVA, J