Section 32: Revocation of a conductors licence on grounds of disease or disability

Motor Vehicles Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988

Legal Commentary & Landmark Judgments: Section 32

Section 32 of the Motor Vehicles Act, 1988 empowers the licensing authority to revoke an existing conductor's licence if the holder contracts any infectious disease or suffers a permanent disability rendering them unfit to perform public transport duties.

  • Disease or Impairment Threshold: Revocation is initiated where the licensing authority has reason to believe that the conductor has contracted an infectious disease or suffers from a disability that makes their continued functioning a hazard to passengers.
  • Medical Board Referral: The authority may require the conductor to undergo a comprehensive medical examination and submit a fitness report within a specified timeframe.
  • Due Process and Audi Alteram Partem: Mandates issuing a formal show-cause notice and affording an opportunity of hearing prior to passing an order of revocation.
Key Landmark Precedents:
  • U.P. State Road Transport Corp. v. Mohd. Ismail (1991) 3 SCC 239: The Supreme Court held that where a conductor is medically disqualified from holding a conductor's licence, the transport corporation should consider alternative non-running employment, balancing public health with worker protection under the Persons with Disabilities enactments.
  • Anand Bihari v. Rajasthan State Road Transport Corp. (1991) 1 SCC 731: The Supreme Court held that termination of service of transport employees due to medical unfitness must be mitigated by compensatory schemes or alternative light duty.
Courtroom Practice & Strategic Litigation Guidance:

When challenging an administrative revocation under Section 32, invoke the Rights of Persons with Disabilities Act, 2016 (RPwD Act) alongside Section 32. While the conductor's licence may be revoked for road duties to ensure commuter health, public transport corporations cannot arbitrarily dismiss the employee, but must offer equivalent alternative administrative employment.