Document Fragment View

Matching Fragments

7. Volume III of the Bombay Police Manual, 1950, deals with the subject of Powers and Duties, and Chapter VIII of this Volume refers to Special Organisations. We are concerned with Section II of Chapter VIII, which dealt with the subject of Police Motor Transport. Rule 359 deals with the object of the Police Motor Transport, which is stated to be to facilitate quick movements of the Police Force in the State and to make the force self-sufficient in the matter of transport required for the performance of duties, especially in times of emergencies, such as riots, communal or other disturbances, strikes, etc. Rule 360 refers to the Personnel of the Police Motor Transport. Rule 361 refers to the Appointment and Control 'of the Police Motor Transport Staff. Rule 362 deals with the subject of Driving Licence and Uniform. Rule 363, with which we are concerned, deals with the Duties of the Police Motor Transport Staff. Sub-rule (7) of Rule 363 sets out the main duties of the Superintendent of Police, Motor Transport; and Sub-rule (2) with the duties of the Police Inspector, Motor Transport, and it appears to be one of the duties of the Superintendent of Police to supervise the work of Police Inspectors, Motor Transport, and to test persons for appointment to the posts of Driver Mechanics, fitters, etc., while the Police Inspector has to test candidates for appointment as Driver Constables. Under Sub-rule (5), every Head Constable Driver Mechanic, etc. is responsible for keeping all the vehicles in his charge in sound mechanical condition and to carry out such duties as may from time to time be imposed on him by the standing orders of the Superintendent of Police Motor Transport. Under Sub-rule (4) (i), a Police Driver Constable, whenever he takes charge of any vehicle, has to inspect it carefully; and under Sub-rule (4) (iii), he is enjoined under no circumstances to drive rashly or at a speed faster than the limits mentioned in that sub-rule. It was contended before me by Mr. Dalvi that the rule as such does not impose any duty on the driver to drive, but that duty mainly arises from the fact that he is appointed as a Constable Driver. Mr. Dalvi also drew my attention to Chapter VI of the Act which deals with the subject of Executive powers and duties of the Police; and he contended that protection under Section 161 would only arise in respect of duties which are contemplated under Chapter VI of the Act and such other duties of like nature, which may be imposed upon a police officer under the rules. I do not think that that contention is sound. The duty which is contemplated under Section 159 is either a duty imposed by any of the provisions of the Act or any other law for the time being in force or any rule, order or direction made or given either under the Act or any other law for the time being in force. And if the rules impose a duty on the motor constable driver, that would also be covered by Section 159 and, therefore, by Section 161 of the Act. Under the rules, the motor constable driver is enjoined not to drive rashly or at a speed faster than the prescribed speed. No doubt, the duty to drive arises from his appointment as a constable driver, but the manner in which that duty has to be performed is also mentioned in Sub-rule (4) of Rule 363. In is not also in dispute that the petitioner was driving at the instance of Sub-Inspector Kedari who, it appears, was proceeding in the jeep for the purpose of an inquiry. The finding of the Full Court, therefore, that the act of driving the jeep on the part of the petitioner was an act done in pursuance of the duty imposed on him as contemplated by Section 159 of the Act appears to be correct.