GUWAHATI, India, Dec. 19 -- Gauhati High Court issued the following order on Nov. 19:

1. Heard Mr. R. Ali, the learned counsel appearing on behalf of the petitioners and Ms. A. Gayan, the learned counsel appearing on behalf of the respondent Nos.1, 2 & 3.

2. The petitioners herein are aggrieved by the cancellation of their licenses of the Badges vide an order dated 19.11.2019 on the ground that the petitioners were convicted by the learned Chief Judicial Magistrate, Kamrup (Metro) by imposing a fine of Rs.2,000/-.

3. Mr. R. Ali, the learned counsel appearing on behalf of the petitioners submitted that the petitioners herein are not so educated and could not understand what would "pleading guilty" mean to the offences alleged. He therefore submitted that the respondents herein could have been more considerate instead of cancelling the Badges of the petitioners, that too without issuance of any show cause notice.

4. Ms. A. Gayan, the learned counsel appearing on behalf of the respondents submitted that upon conviction, the Authority concerned has a right to cancel the licenses and this is what has been done. It was also submitted that there is no Appeal filed as has been stated before this Court when the writ petition was moved. Rather, it was a request again made to the respondent No.3 for reconsideration of the order of cancellation of the licenses of the Badges.

5. This Court has heard the learned counsels appearing on behalf of the parties.

6. It is the opinion of this Court that the contention that the petitioners were under a misconceived notion when they pleaded guilty and their livelihood is at stake in view of the cancellation of their Badges needs to be brought to the attention of the Divisional Commercial Manager who is the Authority above the respondent No.3 who had passed the impugned order dated 19.11.2019.

7. Accordingly, this Court taking into account the petitioners' contention that their source of livelihood have been taken away, grants liberty to the petitioners to submit individual representations to the Divisional Commercial Manager, N. F. Railway in respect to the order dated 19.11.2019 passed by the respondent No.3 for consideration.

8. Mr. R. Ali, the learned counsel appearing on behalf of the petitioners submitted that such representations would be filed within a period of 15 days.

9. It is observed that upon filing of such representations, the Divisional Commercial Manager, N. F. Railway shall consider the said representations and dispose of the same without being influenced by the observations made in the instant order.

10. The representations be disposed off within a period of not later than 60 days from the date of submission of the representations.

11. With the above, the instant writ petition stands disposed of.

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