IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.3503 of 2009 Date of decision: March 5, 2009. Talvir Singh ...Petitioner(s) v. State Transport Appellate Tribunal & anr. ...Respondent(s) CORAM:HON'BLE MR. JUSTICE SURYA KANT 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present: Shri P.S. Bawa, Advocate for the petitioner. ORDER Surya Kant, J. - (Oral): Notice of motion. On the asking of the court, Shri G.S. Attariwala, learned Additional Advocate General, Punjab, accepts notice on behalf of the respondents. In view of the nature of order which I propose to pass, there is no necessity to seek counter affidavit from the respondents. The petitioner seeks quashing of the order dated 23.10.2008 passed by the State Transport Appellate Tribunal, whereby the Tribunal, while rejecting the petitioner's appeal, has refused to take into consideration various documents which the petitioner had placed on record of the appeal. Suffice it to note here that the petitioner applied for renewal of regular stage carriage permit for running his bus on Malerkotla – Amritsar route with one return trip also. Under section 81(4)(b) of the Motor Vehicles Act, 1988, the petitioner was required to supply the following documents along with his application:- 1. No objection certificate from the concerned officer. 2. A certificate, as envisaged under Section 81(4)(b) of the Act from the concerned District Transport Officer. 3. A certificate of fitness of the vehicle, duly verified by the Motor Vehicles Inspector. 4. Upto date Tax Clearance Certificate from the concerned District Transport Officer. The petitioner failed to attach these documents and his application for renewal of the permit was accordingly rejected by the competent authority. Aggrieved, the petitioner preferred an appeal before the Tribunal. Along with the appeal, the petitioner appended the requisite documents but the Tribunal has refused to look into the same on the premise that these documents same ought to have been appended with the application for renewal of the permit. Having heard Learned Counsel for the parties and on perusal of the impugned order passed by the appellate Tribunal, I am of the considered view that the same cannot sustain in law. The documents attached along with the appeal, at the best, could be taken as a prayer to lead additional evidence. The Tribunal could also remand the case to the Regional Transport Authority for fresh adjudication. For the reasons afore-stated, the orders passed by the appellate Tribunal as well as the RTA are set aside with liberty to the petitioner to move a fresh application before the RTA along with requisite documents. If any such application is moved by the petitioner, the RTA shall consider and dispose of the same on merits and in accordance with law. March 5, 2009. [ Surya Kant ] kadyan Judge