J U D G M E N T

Ashok Bhushan, C.J.

This Writ Petition filed as a Public Interest Litigation seeks enforcement of statutory Rules framed by the State and Circulars issued prescribing wearing of uniform by the Officers of the Metrology Department of the State of Kerala. Petitioner, an Indian citizen and a practising Advocate complains about the non-wearing of uniform by the Officers in violation of the statutory provisions and Circulars and inaction on the part of the State and its Officers in taking appropriate action. FACTS

2. Petitioner's case in the Writ Petition is that under the Acts enacted by the Parliament Rules have been framed by the State which provides for wearing of uniform by Assistant Controller of Legal Metrology, Senior Inspector and Inspector of Metrology while on duty in the office or in field. Petitioner in the Writ Petition has referred to various Circulars issued by the State Government and the Controller of Weights and Measures emphasising on wearing of uniform by Inspectors and other Officers. Petitioner pleads that in spite of there being a large number of Assistant Controller and Senior Inspectors who are mandated by the Rules to wear uniform, none of the Officers wear uniform while on duty or in field. It is pleaded by the petitioner that although the State Government issued orders directing the Controller to take stringent action against Officers of the Legal Metrology Department who do not wear uniform, no action is being taken by the 2nd respondent. It is pleaded that Officers of Legal Metrology Department have wide powers who exercise such powers casually without even wearing their official uniform. Petitioner in the Writ Petition has prayed for the following reliefs:

“i) a direction to the respondents to furnish this honourable court the number and other details of Assistant Controllers, Senior Inspectors and Inspectors of Legal Metrology who report for duty without wearing uniform prescribed by law; and ii) a direction to the respondent to report to this honourable court the steps taken to ensure that Assistant Collectors, Senior Inspectors and Inspectors of Legal Metrology wear uniform and that actions initiated against Assistant Controllers, Senior Inspectors and Inspectors for not wearing uniform while on duty in office and/or in the field, including while attending the courts.”

3. In the Writ Petition respondents 3 to 5, Inspectors, who are impleaded as additional respondents filed counter affidavit opposing the Writ Petition. Respondents 3 to 5 in their counter affidavit pleads that the Writ Petition may not be entertained as a Public Interest Litigation. It is further pleaded that the petition has been filed without any bona fides. It is pleaded that Section 53 (2) of the Legal Metrology Act, 2009 (hereinafter referred to as “the 2009 Act”) does not empower the State Government to frame Rules with regard to uniform. It is pleaded that Government of India does not visualize uniform to Enforcement Officers. Physical fitness was not a condition for recruitment to the cadre. It is pleaded that most of offences are detected mostly because the Inspectors approach the targets in civil dress. It is pleaded that wearing of uniform by the Officers is not in public interest.

4. Counter affidavit has also been filed by the 2nd respondent, Controller of Legal Metrology. It is pleaded that statutory provisions required wearing of uniform which is prescribed by the Rules. It is pleaded that the 2nd respondent is strictly enforcing the Rules regarding wearing of uniform. It is stated that no specific instance has been pointed out in respect of any officer not wearing uniform while on duty.

5. Petitioner has appeared in person in support of the Writ Petition. Petitioner submitted that he is a practicing Advocate and he has personal knowledge of Officers not wearing uniform while conducting raid or even appearing in court. It is submitted by the petitioner that in spite of statutory provisions providing for we