Civil Writ Petition No.7673 of 2007 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.7673 of 2007 Date of decision: September 03, 2008. Lt. Col. Naresh Ghai ...Petitioner(s) v. State of PUnjab & Ors. ...Respondent(s) CORAM: HON'BLE THE CHIEF JUSTICE 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: Petitioner in person. Shri H.S. Sidhu, Additional Advocate General, Punjab for respondent No.2. Shri Rameshwar Malik, Additional Advocate General, Haryana for respondent No.2. Shri Suveer Sheokand, Advocate, for respondent No.3. Shri Rakesh Verma, Advocate, for respondent No.4. Shri Harsh Aggarwal, Advocate, for respondent No.5. ORDER T.S. Thakur, CJ. - (Oral): This petition has been filed in public interest. It makes a grievance on behalf of the commuters using Punjab and Haryana Roadways buses regarding the inconvenience that they suffer on account of Civil Writ Petition No.7673 of 2007 -: 2 :- unauthorized stoppage/parking of such buses near road-side Dhabas for free meals offered to the drivers and the conductors deployed on such buses. The petitioner prays for a mandamus directing the respondents - roadways to take strict action against those indulging in such mal-practices to prevent inconvenience and discomfort to those travelling by public transport. The respondents have filed their counter affidavits to the writ petition in which it is, inter-alia, stated that the respondents have issued specific instructions to the Depot Managers that the buses operated by the Punjab and Haryana State Roadways shall not be stopped at places that are not duly authorized for that purpose. The counter affidavits further allege that any driver who is found guilty, is duly censured and even fined for the default committed by him. This, according to the respondents, is sufficient to ensure that the people travelling by public transport do not suffer avoidable inconvenience and discomfort on account of any deliberate default by drivers or the conductors attached to such buses. Learned Counsel for the Respondents submit that the Corporations are taking effective steps to prevent inconvenience to the passengers and wherever any complaint is received, appropriate action against the driver found at fault is being taken. In the circumstances, therefore, and keeping in view the nature of the problem and the steps that the State Roadways and Corporations appear to have taken, we see no reason to issue any further direction except that the Circulars and the instructions issued by the State Roadways and Corporations requiring the drivers and the conductors of the buses operated by the said State Roadways/Corporations not to stop at unauthorized places or roadside Dhabas and to halt only at the places authorized for that Civil Writ Petition No.7673 of 2007 -: 3 :- purpose, should be made more effective and action against the defaulting drivers and conductors taken wherever such default is proved to have been committed by them. The petitioner shall also be free in future to point out to the Managing Directors or the State Transport Commissioners in writing about the default, if any, committed by anyone of the drivers of the State Roadways/Corporations in which event the State Roadways and Corporations are expected to take suitable action in the matter against those responsible for such default. Beyond that,it is neither necessary nor proper for us to issue any other direction, at this stage. This writ petition is disposed of on the above terms but in the circumstances without any order as to costs. [ T.S. Thakur ] Chief Justice September 03, 2008. [ Surya Kant ] kadyan Judge