The main legal point established in the judgment is the requirement for officers of the Motor Vehicles Department to strictly adhere to the prescribed uniform under Rule 406 of the Kerala Motor Vehicles Rules, 1989, and the prohibition of improper use of emblems under the relevant acts.

ORDER :

S. Manikumar, J.

This public interest litigation is filed for a direction of this court for interdicting the officers of the Motor Vehicles Department under the 3rd 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 24th 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 18th 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.

4. It is also stated therein that considering the present issue regarding wearing of uniform, it was decided to furnish a proposal to Government in Transport, for amending Rule 406 of the Kerala Motor Vehicles Rules 1989, by incorporating Asoka Emblem instead of Kerala Emblem.

5. Inviting attention of this court to a letter dated 31.8.2021 from the Secretary to the Government, Transport (B) Department, Government of Kerala addressed to the learned Advocate General, Kerala, Ernakulam, Mr. Tek Chand, learned Senior Government Pleader submitted that Rule 406 of the Kerala Motor Vehicles Rules, 1989 prescribes the uniform for Regional Transport Officers, Joint Regional Transport Officers, Motor Vehicles Inspectors and Assistant Motor Vehicles Inspectors and in terms of the directions contained in letter dated 19.7.2021 issued by the Transport Commissioner, Government of Kerala to all the Deputy Transport Commissioners, the above mentioned officers should wear uniforms strictly in conformity with Rule 406 of the Kerala Motor Vehicles Rules, 1989.

6. As per Section 2(a) of the Emblems and Names (Prevention of Improper Use) Act, 1950, hereinafter referred to as 'the Act, 1950', “emblem” means any emblem, seal, flag, insignia, coat-of-arms or pictorial representation specified in the Schedule. Section (3) of the Act, 1950 speaks about 'prohibition of improper use of certain emblems and names', which reads as follows:

“3. Prohibition of improper use of certain emblems and names.— Notwithstanding anything contained in any law for the time being in force, no person shall, except in such cases and under such conditions as