Varghese vs Registering Authority under the M. V. Act, Ernakulam.

Velu Pillai, J

The petitioner was the conductor of a stage carriage, and for alleged overloading, his licence was suspended for a period. This petition is to quash the order of suspension and has to succeed on a short ground. u/s 21F of the Motor Vehicles Act, 1939, referred to hereafter as the Act, only the licensing authority or the Regional Transport Authority can suspend a conductor''s licence. The licensing Authority is defined in section 2(12) of the Act and his powers and duties generally are prescribed by Chapters II and IIA. The registering Authority as defined in Section 2(28) of the Act is different, and his powers and duties are prescribed by Chapter III of the Act. The registering Authority has no power to suspend a conductor''s licence. In the present case th order, Ext, C, sought to be quashed was passed by the registering Authority. It was contended by the learned Government Pleader on behalf of the respondent, that the same individual was functioning as the licensing Authority and the registering Authority under the Act; this may be so. They are two different statutory authorities and have different powers and duties assigned to them. The present is not a case of misdescription of the functionary which passed the impugned order, because, in more than one part of Ext. C, the capacity in which he was functioning was referred to, as that of the registering Authority. It is clear, that the order impugned has to be set aside. This petition is therefore allowed, but without costs.