CAT cautions against allowing MTS to drive vehicles without licenses

Srinagar, Jun 2: The Central Administrative Tribunal (CAT) in Srinagar has cautioned the authorities against allowing Multi Tasking Staff (MTS) to drive vehicles without valid driving license or vehicles not covered by their license.

“This Court would like to caution the authorities that only MTS who hold the valid driving license in accordance with the law should only be allowed to drive a vehicle and a vehicle of only such a make which is permissible in terms of his license, as otherwise any such act would be illegal and against the Motor Vehicles Act and the laws,” a bench of M S Latif, Member (Judicial) said.

“At times, subordinate officials in order to uphold the command of their superiors are not in a position to refuse their senior officers but this Court would like to sensitize the officers – not to compel the MTS/Helpers to drive a vehicle for which they have no valid driving license as nobody is above law be it a public or a private individual”

The tribunal said this while quashing an orderley’s suspension for “misconduct” in the Department of Ecology, Environment and Remote sensing saying the order had been passed by an incompetent authority.

“The order impugned having been passed by an incompetent authority as contained in terms of the Rule 31 of the Classification, Control and Appeal Rules cannot withstand the test of law, as such the same is set aside,” the court said while deciding a plea by Sheikh Shahnawaz.

Shahnawaz, an orderly in the Department of Ecology, Environment and Remote Sensing in his plea had challenged the suspension order against him with the contention that the order required to be set aside being “illegal, bad in law and without jurisdiction”.

Shahnawaz was placed under suspension in terms of an order dated 25-04-2025 passed by Administrative officer after he allegedly declined to drive an official vehicle.

On behalf of Shahnawaz, Advocate Sheikh Mushtaq submitted that he was a helper and there was no obligation for him to drive an official vehicle when otherwise he does not hold the position of a driver.

“ There was no insubordination by the applicant( Shahnawaz), the counsel argued.

According to the suspension order Shahnawaz had not adhered to the instructions of the Administrative Officer which otherwise in law he was obliged to.

Deputy Advocate General, Rais ud din Ganaie, representing the government submitted that in terms of the SO 133, every MTS who possesses a valid driving license could be made to work as a driver.

To this, counsel for Shahnawaz said that a valid driving license would only mean a license to drive a particular type of vehicle and not a vehicle which the license does not permit. “The applicant was made to drive a vehicle for which the applicant did not have a valid license”, he said.

“Perusal of the counter affidavit filed by the respondents nowhere reveals as to whether the Administrative Officer who has passed the order impugned was competent to have passed such employee under suspension”, the court said.

Meanwhile, the tribunal directed the Administrative Officer who had passed the order earlier to place all the material as regards the alleged misconduct of the applicant before the competent authority within two weeks, who, it said, will pass orders in accordance with the law in the facts and circumstances of the case.

“In case, the competent authority feels that other relevant laws can take care of the alleged misconduct, he can take resort to any other available law,” the tribunal said. The Tribunal directed its Registry to send a copy of its order to the Chief Secretary.