Ankit Agarwal v. Union of India & Ors.

#4. Learned counsel for the petitioner submits that at the time of interception, the drivers of the respective vehicles produced all the relevant documents at the time of interception in electronic form before the Motor Vehicles Inspector (Non technical) but the same have been refused to be accepted and accordingly penalized the petitioner by way of imposing fine.

#5. The petitioner draws the attention of the Standard Operating Procedure (hereinafter referred to as SOP for the sake of brevity and convenience) dated 17th December, 2018 issued by the Government of India, Ministry of Road, 6 Transport, Highways with regard to the validation of the driving licence, registration certificate and other transport related documents/information to be presented in electronic form through IT or mobile platform.

#6. Mr. Pantu Deb Roy, Ld. A.G.P. for the State respondents vehemently opposes the same and submits that no such relevant documents were produced at the time of interception before the officer concerned.

#7. The learned counsel for the petitioner also submits that already a complaint has been lodged on 24th September, 2024 with regard to the illegal extortion of money and forceful fine by the Transport Department, Government of West Bengal which remains pending for consideration.

#8. Having heard the parties and upon considering the available records, I direct the petitioner to make a comprehensive detailed representation before the District Magistrate, Jhargram within a period of two weeks from the date of communication of this order. The same shall be considered by the District Magistrate, Jhargram in presence of Motor Vehicles Inspector and the R.T.O. Jhargram within a period of sixty days by passing a reasoned 7 order in accordance with law upon affording an opportunity of hearing to the petitioner and the other interested persons if any, and communicate such decision within a week thereafter.

#9. The writ petition stands disposed of accordingly without taking any exception to the merits of the case.

#10. However, it is made clear that at the time of hearing the District Magistrate shall consider the Standard Operating Procedure dated 17th December, 2018 introduced by the Government of India, Ministry of Road, Transport and Highways to arrive at a logical conclusion with regard to imposition of fine on the ground of non-production of relevant documents at the time of interception. The District Magistrate shall examine and scrutinize the available records, upon being satisfied shall be at liberty to take cognizance of the same by passing necessary order in accordance with law.

#11. It is needless to mention that henceforth the Transport Department, West Bengal shall abide by the Standard Operating Procedure dated 17th December, 2018 by accepting the presentation of the relevant documents in 8 electronic for avoiding public inconvenience at large.

#12. Urgent photostat certified copy of this order, if applied for, be given to the learned counsel for the parties on usual undertakings. ( Smita Das De, J.)