The State Transport Appellate Tribunal may, on an application made to it, call for the record of any case in which an order has been made by a State Transport Authority or Regional Transport Authority against which no appeal lies, and if it appears to the State Transport Appellate Tribunal that the order made by the State Transport Authority or Regional Transport Authority is improper or illegal, the State Transport Appellate Tribunal may pass such order in relation to the case as it deems fit, and every such order shall be final:
Provided that the State Transport Appellate Tribunal shall not entertain any application from a person aggrieved by an order of a State Transport Authority or Regional Transport Authority, unless the application is made within thirty days from the date of the order:
Provided further that the State Transport Appellate Tribunal may entertain the application after the expiry of the said period of thirty days if it is satisfied that the applicant was prevented by good and sufficient cause from making the application in time:
Provided also that the State Transport Appellate Tribunal shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard.
Simplified Explanation
Section 90 of the Motor Vehicles Act deals with the revision process for decisions made by Regional Transport Authorities (RTAs) or other delegated bodies concerning vehicle permits. This section establishes a mechanism that allows higher authorities within the transport department to review decisions, ensuring that administrative actions are just, comply with the law, and are consistent with public policy.
Key Provisions of the Revision Process
Authority for Revision: The section typically empowers a higher transport authority, such as the State Transport Authority (STA) or the Transport Department head, to revise decisions made by lower authorities. This could involve revisiting decisions on permit applications, renewals, suspensions, or cancellations.
Initiation of Revision:
Suo Motu: The higher authority can initiate a revision on its own accord (suo motu), without an external application, if it believes that a decision needs re-evaluation.
On Application: Alternatively, a party affected by a decision may request a revision. This request must typically be made within a specified period after the original decision or the appellate decision, if applicable.
Procedure for Revision:
Notice and Hearing: Before making any revision, the authority must notify all interested parties and provide them with an opportunity to be heard. This ensures that the revision process is transparent and fair.
Review of Records: The authority conducting the revision will review the records and proceedings related to the original decision to ensure it was made in accordance with legal standards and procedural fairness.
Outcomes of Revision:
Affirmation: The original decision may be affirmed if the reviewing authority finds it was made appropriately.
Modification: The decision can be modified to correct any errors or to better align with the law and public policy.
Reversal: In some cases, the decision may be completely reversed if found unjust or not in compliance with the law.
Limitations and Conditions:
Time Limits: There are often time limits both for requesting a revision and for the authority to complete its review, ensuring timely resolution of issues.
Finality of Decisions: Decisions made on revision are usually final, although they may be subject to judicial review under certain circumstances.
Impact on Stakeholders
For Transport Operators and Applicants: Provides an additional layer of oversight, offering a chance to address grievances arising from potentially flawed or unjust administrative decisions.
For Regulatory Authorities: Helps maintain integrity and accountability within the transport regulatory framework, ensuring decisions are consistently fair and legally sound.
For the Legal System: Enhances the rule of law by ensuring that administrative decisions can be reviewed and corrected if necessary, promoting justice and fairness.
Section 90 is crucial in maintaining the quality and fairness of administrative decisions in the transport sector, providing a safeguard against errors and ensuring that the actions of transport authorities adhere to the highest standards of administrative justice.
