Kerala High Court Interdicts Motor Vehicles Department Officers From Wearing Blue Beret Caps, Badges Embossed With Ashoka Emblem

The Kerala High Court recently interdicted officers of the Motor Vehicles Department 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

A Division Bench of Chief Justice S. Manikumar and Justice Shaji P Chaly thereby reinforced Rule 406 of Kerala Motor Vehicles Rules and directed the officials of the Motor Vehicles Department to abide by the prescribed uniform therein.

The direction was issued in a Public Interest Litigation seeking a directive to interdict the Motor Vehicles Department officers from wearing any 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.

Advocate P. Deepak represented the petitioner in the matter. 

Senior Government Pleader Tek Chand invited the attention of the court to the information furnished by the Transport Commissioner to the Advocate General wherein, it was stated that as per Section 213(3) of the Motor Vehicles Act, the State may make rules to regulate the Motor Vehicles Department officers, including to prescribe the uniform to be worn by them.

In exercise of the said powers, the State had framed Rule 406 under the Kerala Motor Vehicles Rules prescribing uniform for Regional Transport Officers, Joint Regional Transport Officers, Motor Vehicles Inspectors and Assistant Motor Vehicles Inspectors of the Motor Vehicles Department.

In a letter dated 31st August 2021 from the Government Secretary to the Advocate General, the above-mentioned officers were directed to wear uniforms strictly in conformity with Rule 406.

Considering the present issue regarding wearing of uniform, it was decided to furnish a proposal to Government in Transport for amending by incorporating Asoka Emblem instead of Kerala Emblem.

The Court recalled several provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950 as well as other relevant statutes to decide the matter.

Accordingly, it found that the State Emblem of India (Prohibition of Improper Use) Act, 2005 was an Act to prohibit the improper use of State Emblem of India for professional and commercial purposes and for matters connected therewith or incidental thereto. 

Upon a cursory perusal of the statutory provisions, at this juncture, the Bench observed that gazetted officers of the Transport Department may not fall within the description of gazetted officers of uniformed services of the Centre or State, although they are officers of Transport  Department. This was a just reason for the PIL to be allowed. 

However, in the absence of a counter-affidavit or statement of facts, the Court was not inclined to delve further into this angle of the matter.

Nevertheless, it was directed that all the Regional Transport Officers, Joint Regional Transport Officers and other officers should strictly wear the uniform prescribed under Rule 406 of the Kerala Motor Vehicle Rule 1989.

It was further ordered that the Secretary to the Government, Transport Department, and the Transport Commissioner shall ensure strict implementation of Rule 406 and the directions contained in the letter.

In case of any violation of Rule 406 and instructions, the Secretary to the Government and Transport Commissioner were directed to take appropriate action under the Rules.

Since the Government Pleader sought two months time to file a statement of facts, the matter was posted for 2nd November 2021 for further consideration.

Case Title: P.A Janish v. State of Kerala & Ors

Click Here To Read The Order