The Kerala High Court on Monday quashed a criminal case registered against K.S. Premachandra Kurup, former Director, Cooperative Academy of Professional Education (CAPE), for using the title IAS (Retired) after his name.
But the court observed that the use of the title IAS (Retired) after a retired officer’s name was not proper.
Justice S.S. Satheesachandran, while allowing the petition of Mr.Kurup, also added that an officer could use the title IAS as along as he was in service.
It was not proper to use IAS (retried) after one left service.
The court said the case was registered under Section 170 of the Indian Penal Code.
As per the Section, whoever pretends to hold any particular office as a public servant, knowing that he does not hold such office or falsely personates any other person holding such office, and in such assumed character does or attempts to do any act under colour of such office, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
The court said that in the instant case, no ingredients had been made out to attract the section.
The court said even in the order replacing him by another officer, the secretary, CAPE had used IAS (Rtd.) with Mr. Kurup’s name.
Even if a case could be registered against him, the secretary should also have been proceeded against for the same offence.