Tribune News Service
Chandigarh, December 6
The Punjab and Haryana HC today directed Punjab and its functionaries to release forthwith the buses of Badals-run Orbit Aviation Private Limited and New Deep Bus Service.
The Bench also directed the state to permit the petitioner-companies to ply the buses subject to the condition of the permit. The Bench, at the same time, granted liberty to the state to proceed as per law “about any other infractions which may have been made by the petitioners”.
The Bench of Justice Ajay Tewari and Justice Pankaj Jain asserted a “host of allegations” had been levelled. Yet the primary allegation was that the permits were cancelled post-haste without issuing a notice and the fact was not disputed.
Petitioners deserve to be heard out
Petitioners deserve an opportunity of hearing or at least a show cause notice before penal action of cancellation of their permits is taken. The state can proceed as per law about any other infractions which may have been made by the petitioners. —High Court Bench
Referring to the provisions of the Motor Vehicle Act and a scheme of the Punjab Government, the Bench asserted its conjoint reading led to the inevitable conclusion that the petitioners deserved an opportunity of hearing or at least a show cause notice before penal action of cancellation of their permits was taken.
The Bench added, “Though there are a host of allegations levelled by the petitioners in the writ petition, including hostile discrimination against them, political vendetta, malice in law etc., having found the action of the state to be arbitrary and illegal on the primary issue we need not go into the said issues.”
The matter was brought to the HC’s notice with the filing of two petitions by Orbit Aviation Private Limited and New Deep Bus Service along with another petitioner. They were seeking the quashing of impugned orders dated November 12, whereby permits granted to the petitioners were cancelled.
Release New Deep, Orbit buses, says HC
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