RTO suspends licence without personal hearing, rapped by High Court

The Regional Transport Officer of Coimbatore West had suspended and disqualified the licence of one SR Balachandran for three months following an accident. However, setting aside the order issued by the RTO, Justice D Krishnakumar said, “It is seen that firstly, the said order of the Regional Transport Officer is a cryptic order and a non-speaking one, and no reasons whatsoever has been passed. Secondly, an opportunity of personal hearing was not provided to the petitioner before passing the impugned order, which is in violation of Section 19 of the Act. Thirdly, the said order is passed in a printed format and therefore the order passed by the RTO was not a reasoned one, which is in total non-application of mind,” the judge said.

Balachandran had contended that the order passed by the RTO, Coimbatore West on April 02, 2019, was passed in a printed format. Therefore, his explanation was not at all considered by the official. Section 19(1) of the Act clearly states that the RTO ought to grant an opportunity of being heard before taking steps to suspend the driving licence. However, without granting such opportunity, the RTO passed the order in an arbitrary manner, said the petitioner, adding that the order was hence liable to be set aside.

Conceding with the petitioner’s contention, Justice Krishnakumar said the court had no hesitation in setting aside the impugned order. “It is open to the RTO to pass orders after adhering to the provisions contemplated under Section 19 of the Act that is offering the petitioner an opportunity of being heard and thereafter pass a reasoned order within two weeks,” the judge added.