HC fines driver for smoking

KOCHI, DEC 14: A division bench of the Kerala High Court on Tuesday imposed a fine of Rs 1,000 on the Kerala State Road Transport Corporation (KSRTC) as one of its drivers smoked cigarettes while driving. There is a ban on smoking in public places in Kerala.

The amount could be adjusted from the pay and emoluments of the driver, P K Balu (49), the bench held, while disposing of a letter petition by Dr Neby John Varghese of Thycaud, who was a passenger in the KSRTC bus driven by Balu on November 26 from Thrissur to Thiruvananthapuram. Though the offence `deserved’ a period in jail, the bench punished the driver with imprisonment till the rising of the court for committing contempt. The petitioner submitted that on seeing the driver smoking during the journey, two passengers followed suit.

“A public servant while on duty has to observe discipline in his conduct. By smoking, he has not only violated the ban order but also caused inconvenience to passengers”, he said. The driver tendered an unconditionalapology.

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Criticising the police, the bench observed that they had displayed a sense of `complacency’ and `indifference’ in enforcing the judgement which amounted to abdication of their duty as custodians of law.

“The police and law enforcing agencies have flouted the judgement of the court. But for their total indifference, the respondent would not have ventured to smoke”, the bench observed.

The action of the authorities in not enforcing the ban order was a challenge to the rule of law itself and orderly life which they were expected to maintain, the bench held.