JANISH P.A. Vs. STATE OF KERALA

JUDGEMENT

(1.) This public interest litigation is filed for a direction of this court for interdicting the officers of the Motor Vehicles Department under the 3 rd respondent from wearing 'blue beret caps' and badges embossed with the Ashoka Emblem or any other uniform deceptively similar to the uniform prescribed for Senior Police Officers under Section 43 of the Kerala Police Act, 2011 and in violation of the directive issued by State Police Chief.

(2.) Pursuant to the direction of this court dated 24 th August 2021, Mr.Tek Chand, learned Senior Government Pleader has received instructions. He invited the attention of this court to the instructions dated 27.8.2021 furnished by the Transport Commissioner, Thiruvanananthapuram to the office of the Advocate General, Kerala, Ernakulam wherein, it is stated that as per Sub Section (3) of Section 213 of the Motor Vehicles Act, 1988, "the State Government may make rules to regulate the discharge by officers of the Motor Vehicles Department of their functions and in particular and without prejudice to the generality of the foregoing power to prescribe the uniform to be worn by them, the authorities to which they shall be subordinate, the duties to be performed by them, the powers (including the powers exercisable by Police Officers under this Act) to be exercised by them, and the conditions governing the exercise of such powers".

(3.) It is also stated therein that in exercise of the said powers, Government of Kerala had framed Rule 406 under the Kerala Motor Vehicles Rules, 1989 prescribing uniform for Regional Transport Officers, Joint Regional Transport Officers, Motor Vehicles Inspectors and Assistant Motor Vehicles Inspectors of the Motor Vehicles Department, as per notification issued under G.O.(P)No.99/95/PW&T dated 18 th July, 1995 and published as S.R.O.No.940/95 in the Kerala Gazette Extraordinary No.730 dated 22nd July, 1995. It is further sated that as per letter No.C5/79/2021/TC dated 19.7.2021, all the Regional Transport Officers and Joint Regional Transport Officers have been instructed to strictly wear the uniform prescribed under Rule 406 of the Kerala Motor Vehicle Rule 1989. As per sub rule (1) of rule 405 of KMV Rules all officers of the Motor Vehicles Department shall carry out the instructions and orders issued by the Transport Commissioner from time to time.