Delhi government has no statutory power to seal unauthorised motor driving schools which have mushroomed in the capital due to lack of stringent law, CBI has told a court.
CBI, which was directed by Delhi High Court to probe the alleged nexus between Delhi Transport Authority and the driving schools, in its report highlighted the laxity in the provisions of the 1988 Motor Vehicle Act.
"Transport department has no power either to seal or impound unauthorised schools. The absence of specific stringent penal provision in Motor Vehicle (MV) Act resulted in mushrooming of unauthorised motor driving training schools (MDTS)," CBI told Special Judge Vinod Kumar.
The probe agency said there was no provision prescribed specifically in the MV Act to take action against unauthorised MDTS, barring a liberal fine of Rs 100 against such vehicles.
It said even after imposing a fine on the vehicles of unauthorized MDTS, they continue to ply due to the liberal provisions of MV Act.
"After thorough examination of the rules and procedures pertaining to issuance and renewal of licences of the MDTS, it was found that MV Act/Rules have deficient penal provisions against errant MDTS operating in violation of MV rules," CBI said.
However, the Enforcement Wing of transport department has taken action against 458 vehicles during special drives against vehicles of unauthorised MDTS between 2006 and 2012 for offences prescribed under MV Act and Delhi Motor Vehicle Rules, 1993.
"Investigation has further disclosed that as per provisions of MV Act, after prosecution of a vehicle, no further action regarding suspension/cancellation of registration certificate can be initiated against the same vehicle by the Operation Branch," the agency added.
The CBI, which had re-investigated the case after the court rejected its earlier closure report in 2011 with a direction to further investigate, said "Transport Department has also taken up the matter with the Ministry of Road Transport and Highways for incorporating suitable strict penal provision.
(Reopens LGD4)
Earlier, on its FIR in 2007, the CBI had conducted a probe and filed a closure report in 2011 which was rejected.
"Investigation have further disclosed that no written complaint against any official of Transport Department has been received for not taking any action against the vehicles of unauthorized MDTS after being identified/traced plying against the MV Act/ Rule.
"Transport department did not maintain any data suggesting total number of unauthorized MDTS which are operational in Delhi," it said.
The agency had also informed the court that a departmental enquiry has been initiated against 16 transport officials for failing to take action against some driving schools on its recommendation.
The CBI had made the submission after completing preliminary enquiry on the direction of the High Court which had asked it to probe if there was any nexus between officials and motor driving schools for illegal gratification and bribe.
