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Judgment
K.K. Sasidharan, J.—The petitioner seeks a writ of mandamus directing the respondents to return the driving license to him. The petitioner is a driver working under Metropolitan Corporation Limited. The petitioner was involved in an accident on 06.6.2013 resulting in registration of a case in Crime No. 775 of 2013. The respondent on the basis of his involvement in a criminal case, suspended the Driving License of the petitioner.
Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondent.
The issue raised by the petitioner is no longer res integra in view of the judgment of the Divison Bench of this Court in P. Sethuram Vs. The Licensing Authority, The Regional Transport Officer, the Regional Transport Office, Dindigul reported in 2010 Writ LR 100. The Division Bench has made it very clear that the pendency of a criminal case would not give jurisdiction to the authority to cancel the license. The authority has to wait for the outcome of the criminal case. The Division Bench further held that only in case the respondent would be in a position to prove the commission of cognizable offence which would attract Section 19(1) of Motor Vehicles Act 1988, the license could be suspended.
The license of the petitioner was suspended solely on the ground that he was involved in a criminal case u/s 304-A IPC. The criminal case is still pending. The factum of involvement of the petitioner in an offence u/s 304-A of the Indian Penal Code would not give any jurisdiction to the respondent to suspend the license. Therefore, I am of the view that the respondent was not justified in suspending the license of the petitioner. The respondents 1 and 2 are directed to release the license of the petitioner forthwith after removing the endorsement "Suspended" within one week from the date of receipt of a copy of this order.
The writ petition is allowed to the extent indicated above. No costs.