Facts of the Case
A cab driver was issued a driving license by the competent transport authority under statutory provisions. Allegations of misconduct were later made against him, such as violation of permit conditions or improper conduct with passengers. Based on these allegations, the licensing authority revoked the cab driver’s license. However, the revocation order was passed without issuing a show-cause notice, without supplying the material relied upon, and without giving the driver a reasonable opportunity to rebut the allegations. The cab driver, being deprived of his means of livelihood, questions the legality of the action and seeks to challenge the revocation under Administrative Law.
Issues in the Case
- Whether revocation of a cab driver’s license without hearing violates the principles of natural justice.
- Whether the licensing authority exercised its power arbitrarily and unreasonably.
- Whether the cab driver’s right to livelihood under Article 21 of the Constitution is affected.
- Whether the cab driver is entitled to judicial review of the administrative action.
Legal Principles Covered to Support Case Proceedings and Judgements
The principles of natural justice are integral to Administrative Law and apply to all actions affecting civil rights unless expressly excluded. The most relevant principle is audi alteram partem, which mandates that no person shall be condemned without being heard.
In Maneka Gandhi v. Union of India (1978), the Supreme Court held that any administrative action affecting personal liberty or livelihood must be just, fair, and reasonable. Cancellation of a driving license directly affects the right to livelihood protected under Article 21.
Further, in A.K. Kraipak v. Union of India (1969), the Court ruled that even administrative decisions must conform to natural justice. Revocation of licenses has also been held to require prior hearing unless immediate action is justified on grounds of public safety.
Unless the statute expressly excludes a hearing (which is not the case in ordinary license revocations), failure to provide reasonable opportunity renders the action void and unconstitutional.
Possible Judgement
The court is likely to hold that the revocation of the cab driver’s license without granting a reasonable opportunity to rebut the allegations is a clear violation of the principles of natural justice. The order would be declared arbitrary, illegal, and unconstitutional. The court may issue a writ of certiorari quashing the revocation order and a writ of mandamus directing the authority to conduct a fresh enquiry after giving the cab driver due notice and opportunity of hearing. Therefore, the cab driver is entitled to relief.
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