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2025 DIGILAW 2195 (KER)

Vignesh v. State of Kerala, Represented By The Home Secretary

2025-08-13

N.NAGARESH

body2025
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). 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 the basic training period as Sub Inspectors of Police (Grade) on certain terms and conditions. 10. Clause III of Ext.P11 reads as follows:- III. i. The person so designated will be eligible to wear the Uniform of Sub Inspector of Police. ii. He will not be eligible for higher pay and allowances other than what would have been received had he not been designated as SI of Police (Grade). iii. 10. Clause III of Ext.P11 reads as follows:- III. i. The person so designated will be eligible to wear the Uniform of Sub Inspector of Police. ii. He will not be eligible for higher pay and allowances other than what would have been received had he not been designated as SI of Police (Grade). iii. He will be accommodated among the available sanctioned posts in the rank of Assistant Sub Inspector of Police (GE) iv. He will be entrusted with the duties and responsibilities of a regular SI of Police additionally, in such a manner and to such an extent as the Director General of Police may deem fit and appropriate. v. He will not be eligible to claim seniority in the cadre of SI of Police (GE) on the basis on this designation. The Government Order dated 26.11.2009 specifically states that Grade Sub Inspectors will be entrusted with the duties and responsibilities of a regular Sub Inspector of Police additionally, in such a manner and to such an extent as the Director General of Police may deem fit and appropriate. 11. Section 200 of the Motor Vehicles Act, 1988 reads as follows:- 200 . Compensation of certain offences - (1) Any offence whether committed before or after the commencement of this Act punishable under Section 177, Section 177A, Section 178, Section 179, Section 180, Section 181, Section 182, Sub-Section (1) or Sub-Section (3) or Sub-Section (4) of Section 182A, Section 182B, Sub-Section (1) or Sub-Section (2) of Section 183, Clause (c) of the Explanation to Section 184, Section 186, Section 189, Sub-Section (2) of Section 190, Section 192, Section 192A, Sub-Section (3) of Section 192B, Section 194, Section 194A, Section 194B, Section 194C, Section 194D, Section 194E, Section 194F, Section 196, Section 198 and Section 201, may, either before or after the institution of the prosecution, be compounded by such officers or authorities and for such amount as the State Government may, by notification in the Official Gazette, specify in this behalf. (2) Where an offence has been compounded under sub-section (1), the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of such offence: Provided that notwithstanding compounding under this section, such offence shall be deemed to be a previous commission of the same offence for the purpose of determining whether a subsequent offence has been committed: Provided further that compounding of an offence will not discharge the offender from proceedings under sub-section (4) of section 206 or the obligation to complete a driver refresher training course, or the obligation to complete community service, if applicable. 12. It is evident from Section 200 that the offences under the Motor Vehicles Act can be compounded only by such officers or authorities and for such amount as the State Government may, by notification in the official Gazette, specify in this behalf. Therefore, it is obvious that a notification under Section 200 is necessary for any police officer to exercise the power of compounding of the offences under the Motor Vehicles Act. 13. In fact, the Government of Kerala harboured no doubt in this regard, as can be seen from Ext.P12 communication dated 12.12.2022 issued by the Additional Chief Secretary to the State Police Chief. Ext.P12 categorically states that a decision had already been taken by the Government that the power to detect and compound offences under the Motor Vehicles Act cannot be conferred on the Grade Sub Inspectors. The request made by the State Police Chief was therefore rejected as per Ext.P12. 14. Again, on 23.11.2023, the Additional Chief Secretary addressed a letter to the State Police Chief as per Ext.P13. Ext.P13 related to empowering Grade Sub Inspectors to detect and compound the offences under the Motor Vehicles Act. The Government of Kerala, in Ext.P13, stated that though certain duties of the Sub Inspectors are entrusted with the Grade Sub Inspectors, they cannot be treated as regular Sub Inspectors. Whatever be the long experience gained by the Grade Sub Inspectors, that will not be equivalent to the designation of the Sub Inspectors. 15. As the notification issued by the Government of Kerala has clearly stated that the power is only with the officers of the rank of the Sub Inspector and above, the Grade Sub Inspectors cannot be given the power of compounding the offences under the Motor Vehicles Act. 15. As the notification issued by the Government of Kerala has clearly stated that the power is only with the officers of the rank of the Sub Inspector and above, the Grade Sub Inspectors cannot be given the power of compounding the offences under the Motor Vehicles Act. From a reading of Ext.P11 Government Order dated 26.11.2009, it is evident that cadre / category of the Grade Sub Inspectors has been created only to give increased promotional avenues to the police personnel. 16. The assignment of duties to the Grade Sub Inspectors should be as per the orders that may be passed by the Director General of Police. Even if the powers are given as far as compounding of offences under the Motor Vehicles Act is considered, there should be a Gazette notification as contemplated under Section 200 (1) of the Motor Vehicles Act, 1988 . It is evident that there is no such notification empowering the Grade Sub Inspectors with the powers to compound the offence under the Motor Vehicles Act, 1988 . In the circumstances, the petitioners are entitled to succeed. The writ petition is therefore allowed. Respondents 1 and 2 are directed not to entrust the Sub Inspectors of Police (Grade) in the Kerala Police with the duties of detecting and compounding offences under the Motor Vehicles Act, 1988 . All other questions are left open.