Writ Petition No 237 of 1986 Etc
Under Article 32 of the Constitution of India WITH Civil Appeal Nos
423536  424386 304 RB Datar Mrs Binu Tamta Mrs Rani Chhabra and BS Chauhan for the PetitionersAppellants
LM Singhvi TS Krishnamurthy lyer SK Jain AM Singhvi C Mukhopadhyay BD Sharma and section Atreya for the Respondents
The Judgment of the Court was delivered by VENKATARAMIAH J
The petitioners in the Writ Petitions and appellants in the Civil Appeals are holders of contract carriage permits issued under the provisions of the hereinafter referred to as the Act carrying on business in the State of Rajasthan and other adjoining States
Under the said permits they are entitled to run the contract carriages throughout Rajasthan except on the notified routes
Some of them also own motor vehicles which are covered by permits issued under section 637 of the Act having the privilege of carrying passengers on contract throughout India
In these Writ Petitions and Civil Appeals they have questioned the validity of the Notifica tion dated 1571975 issued by the State of Rajasthan under section 129 A of the Act empowering certain officers of the Rajasthan State Road Transport Corporation hereinafter referred to as the Corporation to exercise in respect of all stage carriages and contract carriages on the notified routes under section 68 D3 of the Act the power that can be exercised under section 129 A of the Act by police ofricers who are empowered in that behalf
The Notification reads as follows RAJASTHAN RAJPATRA Dated 781975 HOME Cr X DEPARTMENT NOTIFICA TION Jaipur July 15 1975 OO420
In exercise of the power conferred by section 129 A of the Central Act IV of 1939 the State Government hereby further authorises the following persons to exercise the powers and to take or cause to be taken all the proper steps within their respective jurisdic tions under the said scheme in respect of all the stage carriages and contract carriages plying on or in any notified route or in any notified area under section 68 D3 of the said Act or in any portion thereof namely 305 SNo
Persons authorised Jurisdiction 1
Deputy General 1
All Rajasthan Manager Traffic 2
Assistant Depot 2
Within the jurisdiction Managers of their respec tive depot
Traffic Inspectors 3
Within the jurisdiction of their respec tive routes No F 1 6H  Unit X 75 by order of Governor Sd Raj Singh Commissioner for HomeSecy
to the Government The petitionersappellants contend that the officers of the Corporation named in the Notification who are very much interested in seeing that the Corporation earns much profit have been over zealous in exercising the powers conferred on them under section 129 A Of the Act and seizing and detain ing the motor vehicles belonging to the petitionersappel lants contrary to law
The principal contention urged by the petitionersappellants is that it was not open to the State Government to appoint persons who are not officers of the Government as persons who could exercise the powers of seizure and detention of property of citizens under section 129 A of the Act
Relying on the Judgment of this Court in Others 1985 3 SCC 711 it is contended that the ap pointment of the officers of the Corporation who are their rivals in motor transport business as officers entitled to exercise powers conferred under section 129 A of the Act was violative of Article 191g of the Constitution of India
These Writ PetitionsCivil Appeals are opposed by the State Government and the Corporation
It is contended by the respondents that the impugned notification is issued only to protect the interests of the Corporation and in order to prevent the running of motor vehicles either as stage car riages or contract carriages along the routes over which the Corporation is exclusively entitled to operate its stage carriages under permits issued under Chapter IVA of the Act
They also contend that the appointment of the officers of the Corporation under section 129 A of the Act is not out side the scope of that section
In the course of the hearing it was submitted that the said powers would not be used against motor vehicles covered by permits issued 306 under section 637 of the Act although it is alleged that even such vehicles had been seized and detained in the past by the officers of the Corporation
Section 129 A of the Act with which we are concerned in this case reads as follows 129 A Power to detain vehicles used without certificate of registration or permit Any police officer authorized in this behalf or other person authorized in this behalf by the State Government may if he has reason to believe that a motor  vehicle has been or is being used in contravention of the provisions of section 22 or without the permit required by subsection 1 of section 42 or in contra vention of any condition of such permit relat ing to the route on which or the area in which or the purpose for which the vehicle may be used seize and detain the vehicle and for this purpose take or cause to be taken any steps he may consider proper for the temporary safe custody of the vehicle
Provided that where any such offi cer or person has reason to believe that a motor vehicle has been or is being used with out the permit required by sub section 1 of section 42 he may instead of seizing the vehicle seize the certificate of registration of the vehicle and shall issue an acknowledge ment in respect thereof
Provided further that where a motor vehicle has been seized and detained under this section for contravention of the provi sions of section 22 such vehicle shall not be released to the owner unless and until he produces a valid certificate of registration under this Act in respect of that vehicle
Section 129 A was introduced into the Act by section 20 of the Motor Vehicles Amendment Act 1942 Act 20 of 1942
Section 133 A was introduced by section 21 of the very Amending Act
Originally section 133 A contained only the first three sub sections
Sub sections 4 and 5 to section 133 A were added later
Now section 133 A reads thus 133 A Appointment of motor vehicles officer  1  The State Government may for the purpose of carrying into effect the provi sions of this Act establish a Motor Vehicles Department and appoint as officers thereof such persons as it thinks fit
2 Every such officer shall be deemed to be a public servant within the meaning of the Indian Penal Code 45 of 1860
307 3 The State Government may make rules to regulate the discharge by officers of the Motor Vehicles Department of their functions and in particular and without prejudice to the generality of the foregoing power to prescribe the uniform to be worn by them the authori ties to which they shall be subordinate the duties to be performed by them the powers including the powers exercisable by police officers under this Act to be exercised by them and the conditions governing the exer cise of such powers
4 In addition to the powers that may be conferred on any officer of the Motor Vehicles Department under subsection 3 such officer as may be empowered by the State Government in this behalf shall also have the power to   a make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act and the rules made thereunder are being observed b with such assistance if any as he thinks fit enter inspect and search any premises which is in the occupation of a person who he has reason to believe has committed an offence under this Act or in which a motor vehicle in respect of which such offence has been committed is kept Provided that i any such search without a warrant shall be made only by an officer of the rank of a gazetted officer ii where the offence is punishable with fine only the search shall not be made after sunset and before sunrise iii where the search is made without a warrant the gazetted officer concerned shall record in writing the grounds for not obtaining a warrant and report to his immedi ate superior that such search has been made c examine any person and require the production of any register or other document maintained in pursuance of this Act and take on the spot or otherwise statements of any person which he may consider necessary for carrying out the purposes of this Act 308 d seize or take copies of any registers or documents or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed e launch prosecutions in respect of any offence under this Act and to take a bond for ensuring the attendance of the of fender before any court f exercise such other powers as may be prescribed Provided that no person shall be compelled under this sub section to answer any question or make any statement tending to incriminate himself
5 The provisions of the Code of Criminal procedure 1973 2 of 1974 shall so far as may be apply to any search or seizure under this section as they apply to any search or seizure under the authority of any warrant issued under section 94 of that Code
 In Transport Commissioner Andhra Pradesh vs Sardar Ali Bus Owner   this Court has while upholding the constitutionality of section in 129 A of the Act explained its scope manner and the different powers which are exercisable by an officer empowered under that section to exercise the powers mentioned therein
In that case the appellant was the Transport Commissioner of the State of Andhra Pradesh and not the Andhra Pradesh State Road Transport Corporation
Any police officer or other person authorized by the State Government under section 129A of the Act may seize and detain a motor vehicle if he has reason to believe that the motor vehicle has been or is being used in contravention of the provisions of section 22 of the Act or without the permit required by subsection 1 of section 42 of the Act or in contravention of any condi tions of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used
He is also to take or cause to be taken any steps he may consider proper for the temporary safe custody of the vehicle
In the first proviso to section 129 A of the Act such authorised officer may instead of seizing the vehicle seize the certificate of registration of vehicle and issue an acknowledgement in respect thereof
It further provides that where the motor vehicle has been seized or detained under the said section for contravention of the provisions of section 22 of the Act such vehicle shall not be released to the owner unless and until he produces a valid certifi cate of registration under that Act in respect of that vehicle
The said powers can be exercised in respect of any motor vehicle such as an omnibus a car an auto 309 rickshaw a tractor a lorry etc
 the expression motor vehicle  having been defined by the Act in sub section 18 of section 2 of the Act thus 218 motor vehicle  means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises
 Section 22 of the Act requires every person to get his motor vehicle registered under the Act
It provides that no person shall drive any motor vehicle and that no owner of a motor vehicle shall cause or permit the vehicle to be driven in any public place or in any other place for the purpose of carrying passengers or goods unless the vehicle is regis tered in accordance with Chapter III of the Act and the certificate of registration of the vehicle has not been suspended or cancelled and the vehicle carries a registra tion mark displayed in the prescribed manner
Section 42 of the Act provides that no owner of a transport vehicle  as defined in sub section 33 of section 2 of the Act shall use or permit the use of the vehicle in any public place whether or not such vehicle is actually carrying any passen ger or goods save in accordance with the conditions of a permit granted or countersigned by a Regional or State Transport Authority or the Commission authorising the use of the vehicle in that place in the manner in which the vehicle is being used
A transport vehicle  means a public service vehicle or a goods vehicle
The different kinds of permits that may be issued in respect of motor vehicles are set out in Chapter IV of the Act
They may be stage carriages contract carriages or public carriers
The other kind of transport vehicle is that in respect of which a permit is issued under section 637 of the Act which confers the privilege on the holder of the permit to use the vehicle throughout the territories of India
Every permit issued under Chapter IV of the Act contains a number of conditions which are specified therein
The contravention of either section 22 or section 421 of the Act or any of the condi tions mentioned in the permit would entitle an officer empowered under section 129 A of the Act to seize and detain the vehicle in question and also to provide for its tempo rary safe custody
A report or complaint as the case maybe also may be filed by him before the Magistrate for taking action against the owner of the vehicle for violation of any of the provisions of the Act referred to above
It is thus seen that the powers are of a drastic nature and have the effect of depriving the owner of a motor vehicle of his property which sometimes may be of the value of Rs2 to 3 lakhs
They also have the effect of depriving the passengers who are travelling in that vehicle of a transport service right in the 310 middle of a route and may expose them to hunger and thirst  as it was widely advertised in a Pamphlet issued by the Corporation itself
It is against the above background that we have to consider whether it was open to the State Govern ment in this case to authorise some of the officers of the Corporation to exercise the powers under section 129 A of the Act
Section 129 A of the Act enables the State Government to appoint any police officer or other person under sec tion 129 A of the Act to exercise the powers mentioned therein
In so far as the appointment of a police officer for the said purpose there is no room for any doubt because the section expressly mentions that a police officer can be authorised under it to exercise the powers mentioned there in
The short question which arises for consideration is whether the expression other person mentioned in section 129 A of the Act can include persons other than Government officers such as the officers of the Corporation
The Corporation is established under the Road Transport Corpora tions Act 1950 Act 64 of 1950 hereinafter referred to as the Corporations Act 
The Corporations Act was enacted to provide for the incorporation and regulation of road trans port corporations
Under section 3 of the Corporations Act every State Government is authorised to establish a Road Transport Corporation
The corporation in question is one established under that section
It is a body corporate having perpetual succession and a common seal
The manage ment of the Corporation vests in a Board of Directors who are appointed for a prescribed period
It consists of a Chairman and other Directors being not less than 5 and not more than 17 who may be officials of the State Government or private persons as the State Government may think fit to appoint
The capital of the Corporation consists of any amount contributed by the Central Government or the State Government
The Corporation may whether or not any capital is provided by the State Government or the Central Govern ment be authorised to raise by the issue of shares such capital as may be authorised in this behalf by the State Government
The authorised share capital of the Corporation may be divided into such number of shares as the State Government may determine and the number of shares which shall be subscribed by the State Government or the Central Government and other persons including persons whose undertakings have been acquired by the Corporation is liable to be determined by the State Government in consulta tion with the Central Government
The allotment of shares to other parties mentioned in subsection 3 of section 23 of the Corporations Act shall be made by the Corporation in such manner as may be prescribed
Dividends may be paid on the shares issued by it as per law
The Corporation may at any time with the previous approval of the State Govern ment redeem the shares issued to the other parties in such manner as may be prescribed
The Corporation is under an obligation to obey the directions which may be issued by the State Government
If the State Government is of the opinion that the Corporation is 311 unable to perform its duties or has persistently made de fault in the performance of the duties imposed on it by or under the provisions of the Corporations Act or has exceeded or abused its powers the State Government may with the previous approval of the Central Government by notification in the Official Gazette supersede the Corporation for such period as may be specified in the notification
Thus it is seen that the Corporation is not a department of the Govern ment but it is an independent body corporate established under the statute
Section 14 of the Corporations Act pro vides that every Corporation shall have a Managing Director a Chief Accounts Officer and a Financial Adviser appointed by the State Government
It further provides that a Corpora tion may appoint a Secretary and such other officers and employees as it considers necessary for the efficient per formance of its functions
The conditions of appointment and service and scales of pay of the officers and employees of a Corporation are dealt with by sub section 3 of section 14 of the Corporations Act
It provides that the conditions of appointment and service and the scales of pay of the offi cers and employees of the Corporation shall a as respects the Managing Director the Chief Accounts Officer and the Financial Adviser or as the case may be the Chief Ac counts Officer cum Financial Adviser be such as may be prescribed and as respects the other officers and employees be such as may be subject to the provisions of section 34 be determined by regulations made under the Corporations Act
Section 15 of the Corporations Act provides that the Managing Director shall be the executive head of the Corpo ration and all other officers and employees of the Corpora tion shall be subordinate to him
It is thus seen that the officers and servants of the Corporation are not holders of civil posts under the State Government but they are employ ees of the Corporation
The functions of the Corporation are set out in section 19 of the Corporations Act
Subject to the other provisions of the Corporations Act A Corporation shall have power to operate road transport services in the State and in any extended area to provide any ancillary service to provide for its employees suitable conditions of service including fair wages
establishment of provident fund living accommodation places for rest and recreation and other amenities to authorise the issue of passes to its employees and other persons either free of cost or at con cessional rates and on such conditions as it may deem fit to impose to acquire and held such property both movable and immovable as the Corporation may deem necessary for the purpose of any of the said activities and to lease sell or otherwise transfer any property held by it etc
It may also with the prior approval of the State Government do all other things to facilitate the proper carrying of the busi ness of the Corporation
There is no provision in the Corporations Act authoris ing the Corporation to permit any of its officers to exer cise the powers under section 129 A of 312 the Act or to spend money on the safe custody of vehicles which are seized and detained under section 129 A of the Act
The Corporation no doubt is entitled to draw up schemes under section 68 C of the Act and to run motor vehicles in accordance with the said scheme after it is approved by the State Government to the exclusion complete or partial of other operators on any notified route or in notified area
Section 68 B of the Act provides that the provisions of Chapter IVA of the Act and the rules and orders made there under shall have effect notwithstanding anything inconsist ent therewith contained in Chapter IV of the Act or any other law for the time being in force or in any instrument having effect by virtue of any such law
From the reading of the provisions of the Act and of the Corporation Act it is evident that the Corporation is just another operator of motor vehicles which is entitled to run motor vehicles in accordance with law after obtaining permits
When the Corpo ration applies for permits under Chapter IV of the Act it has to compete with other applicants to obtain permits in accordance with the provisions of that Chapter
When an approved scheme is brought into operation under Chapter IV A of the Act it is no doubt entitled to get permits to the exclusion complete or partial of other operators
It is also true that when the approved scheme provides that other operators are excluded completely or partially no private operator can operate his motor vehicles along the notified route or in the notified area in question except in accord ance with the approved scheme
Barring what is stated above and some other liabilities from which the Corporation is expressly exempted under the Act the Corporation is subject to all the obligations and responsibilities which are im posed on other private operators by the Act
It is subject to the powers of supervision and control of the transport authorities under the Act and to the rules governing the proper maintenance of transport vehicles
The Corporation is also subject to the jurisdiction of the Motor Vehicles Department which is established under section 133 A of the Act and its vehicles are liable to be inspected and checked by the officers appointed under that section in the inter ests of the travelling public
It is thus clear that the Corporation is one of the many operators of the motor vehi cles in the State though the fleet of the motor vehicles owned by it and the magnitude of the operations carried on by it may be very large
The police officers who are empow ered to exercise certain powers under the Act should exer cise those powers in respect of motor vehicles owned by the private operators and also in respect of the motor vehicles owned by the COrporation
Negligence on the part of the Transport Authorities the Motor Vehicles Department and the police officers in exercising their powers of supervision inspection and control in respect of the motor vehicles of the Corporation leads to grave public suffering and some times to disasters
They should not take it for granted that the motor vehicles of the Corporation do not need to be checked or inspected only because it is established by the State Government
Omission on their part in discharging these duties amounts to dereliction of public duty
313 Section 129 A and section 133 A of the Act as mentioned earlier were introduced into the Act by Act 20 of 1942
Clauses 20 and 21 of the Notes on Clauses found in the Statement of Objects and Reasons attached to the Bill relat ing to the Amending Act of 1942 read thus Clause 20 Although the plying of vehicles without registration or of transport vehicles without a permit is punishable there is no provision for stopping them from plying and thus continuing their offence
The clause provides for the grant of power for authorised officers to detain vehicles so as to prevent their being used without being registered or without a permit or in violation of certain conditions of the permit
Clause 21 The powers under Chapters VI and VII with which police officers have been invested cannot be exercised by officers of other departments of the Provincial Govern ment
It is desirable that when special de partments are set up for the purpose of admin istering the Act the officers of these de partments should have the powers entrusted to police officers by the Act
 Clause 20 relates to section 129 A of the Act and clause 21 relates to section 133 A of the Act
It is clear from clause 20 that by enacting section 129A of the Act the Central Legislature intended to authorise certain officers to detain vehicles so as to prevent being used without being registered or without a permit or for violation of certain conditions of the permit
Clause 21 of the Notes on Clauses explains the reason for establishing the Motor Vehicles Department in a State
Sub section 3 of section 133 A of the Act provides that the State Government may make rules to regulate the discharge by the officers of the Motor Vehicles Department of their functions and in particular and without prejudice to the generality of the foregoing power to pre scribe the uniforms to be worn by them the authorities to which they shall be subordinate the duties to be performed by them the powers including the powers exercisable by police officers under the Act to be exercised by them and the conditions governing the exercise of such powers
Sub section 4 of section 133 A authorises inter alia the State Government to empower the officers of the Motor Vehicles Department to exercise powers of search without a warrant in certain cases to examine any person and require the produc tion of any register or other document maintained in pursu ance of the Act and take on the spot or otherwise state ments of any person which they may consider necessary for carrying out the purposes of the Act to launch prosecutions in respect of any offence under the Act and to take a bond for ensuring the attendance of the offender before any court
A reading of section 314 129 A and section 133 A of the Act together shows that the other person referred to in section 129 A of the Act who may be empowered to discharge the powers under that section can only mean an officer of the Government such as the Motor Vehicles Officer appointed under section 133 A of the Act or of any other department
It could never have been the intention of the Central Legislature while enacting section 129 A and section 133 A of the Act that the powers exercisa ble under section 129 A of the Act could be conferred on persons who were not officers of the Government
If the Central Legislature intended that such powers could be entrusted to private persons or employees of any statutory Corporation the section would have expressly provided in that regard
Ordinarily whenever a statute empowers the State Government to appoint persons to administer any of the provisions of the statute the persons who may be appointed by the State Government under such provision can only be persons appointed in connection with the affairs of the State
In other words they should be or employees officers of the State Government who are subject to the administra tive and disciplinary control of the State Government di rectly
The powers of search seizure and detention of vehicles belonging to private parties and of launching prosecutions are incidental to the soveriegn powers of the State and they cannot ordinarily be entrusted to private persons unless the statute concerned makes express provi sions in that regard
It is a different matter if a private person on his own files a complaint before magistrate and wishes to establish a criminal charge
In such a case the private person would not be investigating into the crime with the aid of the powers of search seizure or detention
The Magistrate may if he so desires direct a police offi cer to investigate into the allegations and report to him
In order to illustrate the above point reference may be made to section 43 of the Code of Criminal Procedure 1973
It provides that any private person may arrest or cause to be arrested any person who in his presence commits a non bail able and cognizable offence or any proclaimed offender and without unnecessary delay shall make over or cause to be made over any person so arrested to a police officer or in the absence of a police officer take such person or cause him to be taken in custody to the nearest police station
We are of the view that the expression other person mentioned in section 129 A of the Act which has to be read ejusdem generis with the words any police officer  which precede that expression in section 129 A of the Act can only refer to an officer of the Government and not to any officer or employee of any statutory Corporation or to any other private person
We have a similar provision in section 129 of the Act
That section authorises the State Government to empower any police officer or other person to exercise the powers under that section
Such police officer or other person may if he has reason to believe that any identification mark carried on a motor vehicle or any li cence permit certificate of registration certificate of insurance or other document produced to him by the driver or person in charge of a motor vehicle 315 is a false document within the meaning of section 464 of the Indian Penal Code 45 of 1860 seize the mark or document and call upon the driver or owner of the vehicle to account for his possession of or the presence in the vehicle of
such mark or document
That section also provides that any police officer authorised in that behalf or other person authorised in that behalf by the State Government may if he has reason to believe that the driver of a motor vehicle who is charged with any offence under the Act may abscond or otherwise avoid the service of a summons seize any licence held by such driver and forward it to the Court taking cognizance of the offence and the said Court shall on the first appearance of such driver before it return the li cence to him in exchange for the temporary acknowledgment given under sub section 3 of section 129 of the Act
Having regard to the nature of the power the expression other person in section 129 also will have to be inter preted as meaning any other person appointed in connection with the affairs of the State Government and not any private person or officer of a Corporation
It may be that the Corporation is established by the Government with the capital contributed by the Central Government or the State Government and it may also be that for the purposes of Part III of the Constitution the Corpo ration is treated as a State 
Nevertheless the officers of the Corporation cannot be treated as persons falling within the meaning of the expression other persons in section 129 or section 129 A of the Act even though some of them may be officers deputed by the State Government to work as the officers and servants of the Corporation
In view of the foregoing we hold that the Deputy General Manager Traffic the Assistant Depot Managers and the Traffic Inspectors of the Corporation could not have been authorised by the State Government to discharge the powers under section 129 A of the Act
The impugned Notification has to fail on this account only
We also hold that the reasons given in support of the decision in Krishna Bus Service case supra are equally applicable to this case also
It was argued that on account of unauthorised use of motor vehicles as stage carriages or contract carriages on the notified routes over which the Corporation has got exclusive right to operate its vehicles the Corporation is losing a large amount of revenue and therefore it was neces sary to empower the officers of the Corporation to exercise the powers under section 129 A of the Act
We do not find it as a satisfactory ground to uphold the impugned Notifica tion
The police officers and the officers of the Motor Vehicles Department are expected to discharge their duties properly and diligently and if they discharge their duties in accordance with law with the amount of diligence which is required of them there should be no difficulty in plugging any kind of unauthorised running of stage carriages or contract carriages on the notified routes
We have to im press upon the police officers 316 of the Motor Vehicles Department of the State of Rajasthan not to allow the confidence vested in them to be eroded
We hope and trust that they would discharge the duties to be performed by them strictly and ensure that the provisions of the Act are obeyed by the motor vehicle operators
In view of the foregoing the impugned Notification is liable to be set aside and we accordingly quash it
Before leaving this case we have to observe that in some of the orders passed by certain magistrates in respect of persons accused of running motor vehicles unauthorisedly on the notified routes it is seen that the fines levied there under have been ordered to be paid over to the Corporation
We are told that the Corporation has realised several lakhs of rupees under such orders
Section 357 of the Code of Criminal Procedure 1973 provides for payment of compensa tion out of the fine to certain persons
The orders direct ing payment of compensation to the Corporation may have been passed under clause b of that section which provides that the fine recovered may be applied in the payment to any person of compensation for any loss or injury caused by the offence when compensation is in the opinion of the Court recoverable by such person in a Civil Court Prima facie we feel that the Corporation is not entitled to be paid any compensation under section 357 of the Code of Criminal Procedure 1973
It can be paid such compensation only when it is open to the Corporation to file a suit and recover damages in law for such unauthorised operation of stage carriages
The question whether such unauthorised running will give rise to a claim for damages in a civil court is not free from doubt
We do not however express our opinion on the above question
This is a matter in which the State is also interested
We hope that the magistrates before whom such cases are filed hereafter will before passing an order under section 357 of the Code of Criminal Procedure 1973 in favour of the Corporation examine and decide the question in accordance with law
In the
result these writ PetitionsCivil Appeals are allowed
There will however be no order as to costs
SR Petitions  Appeals allowed


Summary:
The State of Rajasthan issued a Notification No 716HUnit x 75 Home Court x dated 1571975 under section 129A of the empowering certain officers of the Rajasthan State Road Transport Corporation to exercise in respect of all stage carriages and contract carriages on the Notified Routes under section 68 D3 of the Act the powers that can be exercised under section 129A of the Act by the police officers who are empowered in that behalf
The writ petitioners and the appellants are holders of contract carriage permits carrying on business in the State of Rajasthan and other adjoining States
Under the said permits they are entitled to run the contract carriages throughout Rajasthan except on the notified routes
Some of them also own motor vehicles which are covered by permits issued under section 637 of the Act having the privilege of carrying on passengers on contract throughout India
The petitionersappellants contended i that the ap pointment of the officers of the Corporation who are their rivals in motor transport business as officers entitled to exercise powers conferred under section 129A of the Act was violative of Article 191g of the Constitution and ii that the said officers who are very much interested in seeing that the Corporation earns much profit have been overzealous in exercising their powers conferred on them and by seizing and detaining the motor vehicles belonging to the petitionersappellants have acted contrary to law
Allowing the petitions and appeals the Court 301 HELD 11 The Deputy General Manager Traffic the Assistant Depot Managers and the Traffic Inspectors of the Corporation could not have been authorised by the State Government to discharge the powers under section 129A of the 
315 E 12 Ordinarily whenever a statute empowers the State Government to appoint persons to administer any of the provisions of the statute the persons who may be appointed by the State Government under such provision can only be persons appointed in connection with the affairs of the State
In other words they should be employees or officers of the State Government who are subject to the administra tive and disciplinary control of the State Government di rectly
13 The expression other person  mentioned in section 129A of the Act which has to be read ejusdem generis with the words any police officer  which precede that expression in section 129A of the Act can only refer to an officer of the Government and not to any officer or employee of any statutory corporation or to any other private person
314 G 14 A reading of section 129A and section 133A of the together shows that the other person  referred to in section 129A of the Act who may be empowered to discharge the powers under that section can only mean an officer of the Government such as the Motor Vehicles Officer appointed under section 133A of the Act or of any other department
It could never have been the inten tion of the Central Legislature while enacting section 129A and section 133A of the Act that the powers exercisable under section 129A of the Act could be conferred on persons who were not officers of the Government
If the Central Legislature intended that such powers could be entrusted to private persons or employees of any statutory Corporation the section would have expressly provided in that regard
313 H 314 B 15 Under the Rajasthan State Road established under section 3 of the Road Transport Corporation Act LXIV of 1950 the officers and servants of the Corporation are not holders of civil posts under the State Government so as to fall within the term other persons 
Further there is no provision in the Corporations Act authorising the Corpora tion to permit any of its officers to exercise the powers under Section 129A of the or to spend money on the safe custody of the vehicles which are seized and detained under section 129A of the 
310 C D 311 H 312 A From the reading of the provisions of the and of the Corporations Act it is evident that the Corporation is just another operator of motor vehicles which is entitled to run motor vehicles in accordance with law 302 after obtaining permits
When the Corporation applies for permits under Chapter IV of the Act it has to compete with other applicants to obtain permits in accordance with the provisions of that Chapter
When an approved scheme is brought into operation under Chapter IV A of the Act it is no doubt entitled to get permits to the exclusion complete or partial of other operators
It is also true that when the approved scheme provides that other operators are excluded completely or partially no private operator can operate his motor vehicles along the notified route or in the notified area in question except in accordance with the approved scheme
Barring what is stated above and some other liabili ties from which the Corporation is expressly exempted under the Act the Corporation is subject to all the obligations and responsibilities which are imposed on other private operators by the Act
It is subject to the powers of super vision and control of the transport authorities under the Act and to the rules governing the proper maintenance of transport vehicles
The Corporation is also subject to the jurisdiction of the Motor Vehicles Department which is established under section 133 A of the Act and its vehicles are liable to be inspected and checked by the officers appointed under that section in the interests of the travel ling public
It is thus clear that the Corporation is one of the many operators of the motor vehicles in the State though the fleet of the motor vehicles owned by it and the magni tude of the operations carried on by it may be very large
312 C F 16 Further every permit issued under Chapter IV of the Act contains a number of conditions which are specified therein
The contravention of either section 22 or section 421 of the Act or any of the conditions mentioned in the permit would entitle and officer empowered under section 129A of the Act to seize and detain the vehicle in question and also to provide for the temporary safe custody
A report or complaint as the case may be also may be filed by
him before the Magistrate for taking action against the owner of the vehicle for violation of any of the provisions of the Act referred to above
It is thus seen that the powers are of a drastic nature and have the effect of depriving the owner of a motor vehicle of his property which sometimes may be of the value of Rs2 to 3 lakhs
They also have the effect of depriving the passengers who are travelling in that vehicle of a transport service right in the middle of a route and may expose them to hunger and thirst 
Since the Corporation is only entitled to a preference in the grant of permits as respects the Notified routes or in any NOtified area
The police officers who are empowered to exercise certain powers under the should exercise these powers in respect of motor vehicles owned by the private operators and also in respect of the motor vehicles owned by the State Road Transport Corporation
Such a power cannot be granted to the officers of the Corporation by resorting to the term other person  in the 
309 F 310 A 312 G 311 H 303 Having regard to the nature of the power the expression other person  in section 129 also will have to be inter preted as meaning any other person appointed in connection with the affairs of the State Government and not any private person or officer of a Corporation
315 C Krishna Bus Service Pvt Ltd vs State of Haryana  Ors 1985 3 SCC 711 followed
Transport Commissioner Andhra Pradesh vs Sardar Ali Bus Owner   referred to
OBSERVATION 1
The police officers and the officers of the Motor Vehicles Department are expected to discharge their duties properly and diligently and if they discharge their duties in accordance with law with the amount of diligence which is required of them there should no difficulty in plugging any kind of unauthorised running of stage carriage or contract carriages on the notified routes
Negligence on the part of the Transport Authorities the Motor Vehicles Department and the police officers in exercising their powers of supervi sion inspection and control in respect of the motor vehi cles of the Corporation leads to grave public suffering and sometimes to disasters
They should not take it for granted that the motor vehicles of the Corporation do not need to be checked or inspected only because it is established by the State Government
Omission on their part in discharging these duties amounts to dereliction of public duty
315 G H 312 G H 2
Prima facie the Corporation is not entitled to be paid compensation under section 357 of the Code of Criminal Procedure 1973
It can be paid such compensation only when it is open to the Corporation to file a suit and recover damages in law for such unauthorised operation of stage carriages
Section 357 of the Code of Criminal Procedure 1973 provides for payment of compensation out of the fine to certain persons
The orders directing payment of compensa tion to the Corporation may have been passed under clause b of that section which provides that the fine recovered may be applied in the payment to any person of compensation for any loss or injury caused by the offence when compensa tion is in the opinion of the Court recoverable by such person in a Civil Court
Magistrates should hereafter pass such orders only after heating all the parties
316 D F