Legal Reference Library

The Delhi High Court has directed the traffic police and transport department not to suspend driving licences without giving alleged violators an opportunity to defend their case. In a significant verdict aimed at preventing harassment of motorist and drivers at the hands of traffic officers, Justice JR Midha directed the traffic police and transport department to “follow due process of law” while prosecuting traffic violators. The court said the transport department has to give particulars of the violation such as date, time and place, and reference to relevant provision violated while issuing ‘show cause notice’ to alleged traffic violators. It said the Motor Licensing Officers will give an opportunity to violators to put up their cases. If it is decided that the licence is to be suspended, the order has to contain reason, the court said. Generally, the traffic police take possession of the driving licence of the violator and forward it to the transport department who take a deci...

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.958 OF 2010 Prem Nath Bali ……Appellant(s) VERSUS Registrar, High Court of Delhi & Anr. ……Respondent(s) 29) One cannot dispute in this case that the suspension period was unduly long. We also find that the delay in completion of the departmental proceedings was not wholly attributable to the appellant but it was equally attributable to the respondents as well. Due to such unreasonable delay, the appellant naturally suffered a lot because he and his family had to survive only on suspension allowance for a long period of 9 years. 30) We are constrained to observe as to why the departmental proceeding, which involved only one charge and that too uncomplicated, have taken more than 9 years to conclude the departmental inquiry. No justification was forthcoming from the respondents’ side to explain the undue delay in completion of the departmental inquiry except to throw blame on the appellant's cond...