B RAHAMATHULLA KHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Whether a provision in Rule 366 of the Karnataka Motor Vehicles Rules, 1963, authorising any police officer not below the rank of a Sub-Inspector of Police deputed from the State Police Department to the Karnataka State Road Transport Corporation to seize and detain vehicles, is violative of Article 19(1)(g) of the Constitution of India, is the significant question in these cases.

(2.) Rule 366 of the Karnataka Motor Vehicles Rules, 1963, (hereinafter referred to as 'the Rules), the vires of which has been challenged, reads as under :-

(3.) The case of the appellants/petitioners is that since the Karnataka State Road Transport Corporation (hereinafter referred to as 'the Corporation') is a competitor in the field, the officers on deputation from the State Police Department and the Motor Vehicles Department would be employees of the Corporation. Hence the under lined portion of the rule is violative of Article 19(1)(g) of the CONSTITUTION OF INDIA.