New Delhi, Oct 8 (IANS) The Delhi High Court on Thursday sought response from the state government and others on a petition by a taxi driver challenging the refusal to issue him a fitness certificate for his vehicle only on the grounds that ‘challans’ (traffic tickets) were pending against him.
A division bench of Chief Justice D.N. Patel and Justice Prateek Jalan issued notice to the Delhi government, Delhi Police and the Central government over the petition filed by driver Dharmendra Kumar, through advocate Praveen Aggarwal.
In his petition, the taxi driver contended that the Delhi government cannot refuse to issue certificate of fitness to his vehicle simply because traffic challans are pending against him.
The plea challenged the recent standard operation procedures (SOP) issued by the Union Transport Ministry to all state Transport Departments prohibiting any work like fitness, NOC, permit renewal, etc. being carried on a vehicle if any traffic challans are pending against it.
During the course of hearing, Aggarwal argued that none of challans was issued in a lawful manner as not even a single one was duly served upon his client.
Each challan was merely intimated through an SMS which is not a valid mode of service as per a July order of the Supreme Court, he argued.
Agrawal has also alleged that the department is not even giving the reasons for its refusal as required under section 56 of the Motor Vehicles Act, 1988.
The court will now take up the matter next on November 12.