MD. PHULEMAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ petition, the petitioners who are Motor Vehicle Inspectors have questioned Rule 16(gha) of the Jharkhand Motor Vehicle Inspector Cadre (Appointment Promotion and Other Service Conditions) Rules, 2010 by which the post of Motor Vehicle Inspector and Senior Motor Vehicle Inspector were declared as 'non-gazetted' posts.

(2.) Counsel for the petitioners contended that this provision is contrary to Sec. 213 of the Motor Vehicles Act, 1988. The said provision in so far as it is relevant is as under:

(3.) A reading of the above Sec. of the Motor Vehicles Act, 1988 indicates that Motor Vehicle Officers such as the petitioners though treated as public servants within the meaning of the Indian Penal Code and conferred certain powers for carrying into effect the provisions of the said law, are also conferred under Sub-Sec. 5(b) the power to take assistance and then enter, inspect and search any premises, which is in the occupation of the person who he has reason to believe, has committed an offence under the Motor Vehicles Act, 1988 or in which a motor vehicle in respect of which such offence has been committed is kept.