A private bus operator from Rajasthan has launched a legal challenge against the state's transport department, alleging a significant violation of statutory rules in a key bureaucratic appointment.
Legal Notice Alleges Statutory Violation
On Tuesday, a formal legal notice was issued to the Rajasthan transport department by Jhunjhunu-based bus operator Nauranglal Jangir. The core allegation is that the appointment of the Managing Director of the Rajasthan State Road Transport Corporation (RSRTC) to the additional post of Transport Commissioner is unlawful.
The notice contends that this dual appointment is "illegal, arbitrary and contrary to the provisions of the Motor Vehicles Act, 1988." This move highlights a growing dispute between private transport operators and the state machinery over administrative procedures.
Conflict with the Motor Vehicles Act
The legal argument hinges on specific sections of the central legislation governing road transport in India. The notice explicitly cites Section 68 of the Motor Vehicles Act, 1988, which outlines the procedure for appointing the transport commissioner.
According to the provision cited, the state government is mandated to appoint a transport commissioner and other necessary officers to implement the Act. Crucially, the law states that such officers must function as independent statutory authorities. The bus operator's notice argues that by appointing the RSRTC MD—who heads a state-run transport corporation—to the regulatory role of transport commissioner, the government has created a conflict of interest and undermined the required independence of the office.
Implications and Next Steps
This legal notice throws a spotlight on governance and the separation of regulatory and operational roles within Rajasthan's transport sector. The private operator's challenge questions whether an individual heading a state-owned transport undertaking can impartially regulate the same sector, which includes private competitors.
The transport department is now expected to formulate a formal response to the allegations made in the notice. The outcome could have wider ramifications for bureaucratic appointments across states, emphasizing the need for clear demarcation of roles as prescribed by law. The situation underscores the ongoing tensions between public sector undertakings and private players in India's competitive transport industry.
