Grade Sub Inspectors lack authority to detect and compound offences under the Motor Vehicles Act without proper statutory notifications, reaffirming the hierarchy of powers in law enforcement.

JUDGMENT :

N. Nagaresh, J.

The petitioners are aggrieved by the act of the 7^th respondent imposing fine on him under the provisions of the Motor Vehicles Act, 1988 . The petitioners are seeking for a declaration that respondents 6 and 7 and such officers who are Sub Inspector of Police (Grade) have no power to detect and compound offences under the Motor Vehicles Act, 1988 .

2. The petitioners state that motor vehicle offences can be compounded only by the officers notified under Section 200 of the Motor Vehicles Act, 1988 . Ext.P10 is the existing notification in this regard. As per Ext.P10, only Assistant Motor Vehicle Inspectors and officers of and above the rank of Sub Inspector in the Police Department and where there is no traffic branch, all officers of local police of the area of and above the rank of Sub Inspector of Police are competent to compound the offence punishable under various Sections of the Motor Vehicles Act. Exts.P11 and P12 Government Orders / communication would also indicate that Grade Sub Inspectors are not competent either to detect or to compound motor vehicle offences.

3. The Grade Sub Inspectors across Kerala State, however, are exercising jurisdiction and powers not vested with them and harassing the general public. As the Grade Sub Inspectors are wearing uniforms applicable to the Sub Inspectors, the general public and at times even the courts of law are not able to detect that the offences are detected and fined by incompetent officers. Hence, the petitioners are before this Court.

4. Government Pleader entered appearance and resisted the writ petition. The Government Pleader pointed out that Grade Sub Inspectors have not compounded the offence in the incidents alleged by the petitioners. They have only detected the offence and imposed petty on the E-POS machine, which was provided with username and password to detect the offences under the Motor Vehicles Act, 1988 .

5. Government Pleader further submitted that the Government as a policy has empowered police officers of the rank of Assistant Sub Inspectors and Assistant Sub Inspectors (Grade) to designated as Grade Sub Inspectors with G.O.(M.S.) dated 26.11.2009 to additionally perform the duties and responsibilities of the rank of Sub Inspector of Police (General Executive). The purpose of the Government Order dated 26.11.2009 is to additionally permit the Grade Sub Inspectors to perform the duties and responsibilities of the Sub Inspector, including the petty detection.

6. In order to reduce the alarmingly increased number of MV Act offences and to reduce the number of accident cases, it is highly desirable to use the experience of Grade Sub Inspectors, who have more than 25 years of experience.

7. Government Pleader further pointed out that petty offences under the Motor Vehicles Act can be detected by even a Police Constable and can submit a report to the competent authority. The competent authority will compound the offence. In the case of the petitioners, the Grade Sub Inspector had detected the offence, but not compounded. Hence, detection of petty offences under the Motor Vehicles Act cannot be compared with that of provisions under the Abkari Act. The writ petition is therefore without any merit and it is liable to be dismissed.

8. I have heard the learned Counsel for the petitioners and the learned Government Pleader representing the respondents.

9. The competency of the Grade Sub Inspectors to detect and compound motor vehicle offences is the issue involved in this writ petition. In order to increase the promotional avenues of police personnel, the Government of Kerala issued Ext.P11 Government Order dated 26.11.2009. Ext.P11 was issued in order to bolster the sagging morale of police personnel who have not benefited by the promotions for a long period. The Government examined the matter in detail and accorded sanction to designate the regular or Grade Assistant Sub Inspectors of Police (General Executive) having 30 years of service, excluding