Civil Writ Petition No. 10688 of 2009 1
In the High Court of Punjab and Haryana, at Chandigarh.
Civil Writ Petition No. 10688 of 2009
Date of Decision: 21.7.2009
Rajinder Kumar
...Petitioner
Versus
State of Punjab and Another
...Respondents
CORAM: HON’BLE MR. JUSTICE T.S.THAKUR, CHIEF JUSTICE.
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
1. Whether Reporters of local papers may be allowed to see the
judgment?
2. Whether to be referred to the reporters or not?
3. Whether the judgment should be reported in the Digest?
Present: Mr. I.S. Saggu, Advocate
for the petitioner.
T.S. Thakur, C.J. (Oral)
Writ Petition No. 7673 of 2007, filed in public interest, was
disposed off by us by an order dated 3.9.2008. A copy of the said order
enclosed with the present petition as Annexure P1 would show that this
Court had directed that circulars and instructions issued by the Sate
Roadways and Corporations requiring the Drivers and Conductors of the
buses operated by the said State Roadways/Corporations not to stop at
unauthorized places or roadside Dhabas and to halt only at the places
authorized for that purpose, should be made more effective and action
Civil Writ Petition No. 10688 of 2009 2
taken against the defaulting Drivers and Conductors wherever such
default is proved to have been committed. The directions clearly
proceeded on the basis that the Drivers of the buses being run by the
State Roadways/Corporations were violating the instructions issued to
them and stopping at unauthorized roadside places for reasons other
than the convenience of the commuters.
In the present petition, the petitioner once again brings up
somewhat similar issue in the public interest and challenges order
dated 14.5.2009 issued by the Managing Director of the Punbus stating
that the buses will be stopped at Bawa Dhaba, Samana Bahu on the
same terms & conditions as earlier stipulated. It was argued on behalf
of the petitioner that the said order is in conflict with the directions issued
by us earlier. There is however no merit in that contention. The earlier
order passed by us in C.W.P. No. 7673 of 2007 was unequivocal and
directed the authorities to enforce the circulars and instructions
regarding road side stoppage of buses operated by the State Roadways
and Corporations. The order impugned in the present petition is in no
way in conflict with the said direction. That is so because it is one thing
to direct compliance with the orders already issued and an entirely
different thing to stipulate and authorise bus stops on any given route.
The order passed by the respondents stipulates and authorizes buses to
stop at the Dhabas mentioned in the same. Whether or not the bus
stops have been properly chosen in the interest of the commuters is a
matter with which we do not wish to interfere, particularly so when we
have nothing before us to show that there is anything perverse about the
Civil Writ Petition No. 10688 of 2009 3
stoppages stipulated by the Competent Authority. There is no infirmity or
illegality in the orders impugned before us to warrant our interference.
The petition fails and is hereby dismissed.
(T.S.Thakur)
Chief Justice
(Kanwaljit Singh Ahluwalia)
Judge
July 21, 2009
“DK”