HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA
AND
THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT APPEAL No. 954 OF 2012 DATE: 01.12.2014 Between:
The APSRTC, rep., by its Managing Director, Hyderabad & another.
… Appellants And Sri C.G. Swamy & another.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 954 of 2012 JUDGMENT: (Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) The learned Advocate General appears for the appellants and submits that he does not want to press this appeal and the Corporation had accepted the judgment of the learned Trial Judge. However, liberty will be given to the State Government to exercise the power given under Section 29(2) of the Motor Vehicles Act, 1988, which reads as follows:
“29. Necessity for conductor’s licence:-
(1) No person shall act as a conductor of a stage carriage unless he holds an effective conductor’s licence issued to him authorizing him to act as such conductor; and no person shall employ or permit any person who is not so licensed to act as a conductor of a stage carriage.
(2) A State Government may prescribe the conditions subject to which sub- section (1) shall not apply to a driver of a stage carriage performing the functions of a conductor or to a person employed to act as a conductor for a period not exceeding one month.”
In view of the above submission of the learned Advocate General, we clarify that it would be open for the State Government to prescribe the conditions mentioned under sub-section 2 of Section 29. Till such conditions are prescribed, the appellants shall not allow any driver to discharge function of conductor.
The writ appeal is accordingly closed.
Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.
K.J. SENGUPTA, CJ
SANJAY KUMAR, J
Date: 01.12.2014 ES