Transport Commissioner Not Superior To District Authority, Cannot Be Appellate Authority Under Petroleum Rules 2002: Madras High Court

The bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy noted that as per the new Petroleum Rules 2002, the Appellate Authority ought to have been the immediate superior authority to any District Authorities as defined under the Rules. Since the Transport Commissioner was not a superior authority, the court noted that the appointment would be against the rules. The court thus directed the State to appoint an appellate authority as per rules within a period of 12 weeks.

The petitioner, VBR Menon had contended that the impugned government order was issued under the then-existing Petroleum Rules, 1976. He further informed the court that the earlier rules were repealed by the 2002 Rules according to which the Transport Commissioner would not be an appropriate authority to hear and decide appeals.

Menon also contended that since the Petroleum Act and the Rules thereunder were a matter of the Union List, the State could not modify the same by way of a Government Order.

The court observed that the Rules were subordinate legislation and the Government Orders could not override the Rules. The court added that it was incumbent upon the State to notify the Appellate Authority in accordance with the Rules.

“Rules of 2002 is a piece of subordinate legislation. The government orders cannot supplant or override the Rules framed. Moreover, G.O. (Ms.) No.1074, dated 25.5.1983, was issued prior to the enforcement of Rules of 2002. At the relevant time, the Rules of 1976 were in vogue. The said government order may be valid under the Rules of 1976. However, it is incumbent upon the State to notify the Appellate Authority in tune with and in consonance with the Rules of 2002,” the court said.

The court thus set aside the appointment of Transport Commissioner as the appellate authority and directed the authorities to notify new appointment within twelve weeks.

Counsel for the Petitioner: Mr.V.B.R.Menon Party-in-Person

Counsel for the Respondent: Mr.Karthik Jagannath Government Advocate

Citation: 2023 LiveLaw (Mad) 403

Case Title: VBR Menon v The Additional Chief Secretary to Government and Others

Case No: W.P.No.29707 of 2022