THE HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.25129 of 2007 ORDER: 1 The petitioner is a driver working in Andhra Pradesh State Road Transport Corporation. In this writ petition he has questioned the order dated 13.11.2007 issued in proceedings No.40302/C3/07 by the Regional Transport Officer, Kakinada suspending his driving licence for a period of six months with effect from 15.11.2007 to 14.05.2008. In the aforesaid order, further directions were issued to the petitioner not to drive any vehicle during the said period. 2 This Writ Petition is filed mainly on the ground that the impugned order of suspension was passed without any authority of law. It is the specific case of the petitioner that the power of suspending the driving licence is provided under Section 21 of the Motor Vehicles Act, 1988 (for short ‘the Act’) and in absence of any previous conviction recorded against the petitioner under section 184 of the Act, the respondents are not empowered to suspend the driving licence of the petitioner. 3 At the stage of admission, this court suspended the impugned order of suspension and the said order continued all along. 4 In the counter affidavit filed by the Regional Transport Officer, East Godavari District, Kakinada it is stated that the petitioner, while on duty, driving the bus bearing No.AP 11 Z 2831 on 20.10.2007 caused an accident by dashing the bus against an auto rickshaw bearing No.AP 37 V 1561. While denying the various allegations of the petitioner, it is stated that as per the contents of the F.I.R, since the accident was caused due to the rash and negligent driving on the part of the petitioner, the impugned order of suspension is passed. It is further stated that after completion of the suspension period of six months, the driving licence was returned to the petitioner. But in the counter there is no denial of the specific allegation of the petitioner that he was not convicted for an offence punishable under Section 184 of the Act. 5 Heard the learned counsel on either side and perused the impugned order. In the impugned order there is no finding with regard to previous conviction of the petitioner for an offence punishable under section 184 of the Act. Invoking the power of suspension of driving licence under Section 21 of the Act applies only in case there was a previous conviction for an offence punishable under section 184 of the Act. In absence of any denial of the said allegation of the petitioner that he was not convicted earlier for an offence punishable under Section 184 of the Act, the impugned order is liable to be set aside. 6 For the aforesaid reasons, Writ Petition is allowed and the order dated 13.11.2007 issued in proceedings No.40302/C3/07 by the Regional Transport Officer, Kakinada i.e. 2nd respondent herein is hereby quashed. No costs. ------------------------ R.Subhash Reddy, J. 01.11.2011 Kvsn