ADT ordered to refund penalty to VRT operator

The Transport Authority (ADT) has been ordered to refund €11,647.87 to a service station operator after a court ruled that the Authority's decision in his regard had violated the principles of natural justice and constituted an abuse of administrative powers.

Paul Cassar, the operator of Cassar Service Station of Zejtun, had filed an application against the ADT, saying that on August 8, 2006 he was contacted by email by the Authority and asked to meet its officials to explain what tests had been carried out on a particular car. Mr Cassar told the court that he had attended a meeting at the ADT but he was not told what allegations had been made against him. On August 31, 2006 he was told that he had been found guilty of violating the terms and conditions of his existing contract with the ADT and been fined a penalty of Lm5,000.

The Authority had not replied to Mr Cassar's request to reconsider his case and had insisted upon payment.

Mr Cassar claimed that this decision was an abuse of administrative power by the Authority and that the rules of natural justice had not been observed. He requested the court to annul the decision and to condemn the ADT to pay him damages.

Mr Justice Pace found in favour of Mr Cassar and noted that he had not been given the opportunity to defend himself before the Authority's board. Mr Cassar had not been told what allegations had been made against him. It transpired that Mr Cassar had been asked to explain what tests had been carried out on a car with registration number GBD 952 but he had not personally carried out these tests.

Furthermore, the PTA's letter of August 31 had found Mr Cassar guilty of not having carried out tests on a car with a different registration number, namely GBD 942. The PTA had breached the rules of natural justice and the court therefore annulled its decision and ordered the Authority to pay Mr Cassar €11,647.87