CASE: – P.A Janish vs. State of Kerala & Ors.
DIVISION BENCH: – Chief Justice S. Manikumar & Justice Shaji P Chaly
DATE – 9 SEPTEMBER 2021
Advocate Representing The Petitioner: – Advocate P. Deepak
As the officers of the Motor Vehicles Department in Kerala wears ‘Blue Beret Caps’ and badges embossed with the Ashoka Emblem, or any other uniform that looks suspiciously like the senior police Officer’s uniform.
Therefore, the Bench of Chief Justice S. Manikumar & Justice Shaji P chaly, reinforced the rule 406 of Kerala Motor Vehicles Rules and ordered/instructed Motor Vehicles Department officials to wear the specified uniform.
Thus, the instruction was given in a Public Interest Litigation seeking a directive to prohibit Motor Vehicles officers from wearing the uniform which was prescribed for the Police officers define under Section 43 of the Kerala Police Act, 2011 and in violation of a directive issued by the State Police.
As per Section 213(3) of the Motor Vehicles Act, State has a power to make/enact rules to govern Motor Vehicles Department Officials, including the uniform they must wear.
In execution of these powers, the state enacted Rule 406 of the Kerala Motor Vehicles Rules, which established a uniform for Regional Transport officers, Motor Vehicles Inspectors, Assistant motor inspectors and many more inspectors of the Department.
Thus, court held for amending by incorporating Ashoka Emblem in uniform instead of Kerala Emblem. Thus, the officers have to strictly wear the uniform in accordance with the Rule 406 of the Kerala Motor Vehicle Rule, 1989.