The
Punjab Police (E & D) Rules, 1975
In exercise of the powers conferred under section 7 of the
Police Act of 1861 the Governor of the Punjab
is pleased to make the following Ruler, namely:
1.
Short title, commencement and application. :-- (i)
These rules may be called Punjab Police (E & D) Rules, 1975.
(ii)
They shall come into force at once and shall apply to all Police Officers below
the rank of Deputy Superintendent of Police.
2.
Definitions :--.In these rules, unless the
context otherwise requires ;
(t)
"Accused" means a Police Officer who is to be proceeded against under
these rules;
(ii)
"authority" means authority competent to award punishment as per
Schedule;
(iii)
"misconduct" means conduct prejudicial to good order or discipline in
the Police Force, or contrary to Government Servants (Conduct) Rules or
unbecoming rat a Police Officer and a gentleman, any commission or omission
which violates any of the provisions of law and rules regulating, the function
and duty of a Police Officer to bring or attempt to bring political or other
outside influence directly or indirectly to bear on the Government or any
Government Officer in respect of any matter relating to the appointment,
promotion, transfer, punishment, retirement or other conditions of service of a
Police Officer;
(iv)
"punishment" means a punishment which may be imposed under these
rules by the authorities as indicated in the Schedule;
(v)
"Schedule" means the Schedule, inclusive of explanatory notes given
thereunder, and annexed to these Rules.
3.
Grounds for punishment.--- Where a Police Officer, in the
opinion of the authority,---
(a)
is inefficient or has ceased to be efficient, or
(b)
is guilty of misconduct, or
(c)
is corrupt, or may reasonably be considered corrupt because
(i)
he is, or any of his dependents or any other person through him or on his
behalf, is, in possession (for which he cannot reasonably, account) of
pecuniary resources or of property disproportionate to his known sources o C
income, or
(ii)
he has assumed a style of living beyond his ostensible means, or
(iii)
he has a reputation of being corrupt, or
(d)
is engaged, or is reasonably suspected of being engaged in subversive
activities, or is reasonably suspected of being associated with others engaged
in subversive activities or is guilty of disclosure of official secrets to any
unauthorized person, and his retention in service to therefore prejudicial to
national security;
the
authority may impose on him one or more punishments.
4.
Punishment :--.(1) The following are the minor
and major punishments, namely :
(a)
Miner punishments:
(i)
Censure.
(ii)
Forfeiture of approved service upto 2 years.
(iii)
Withholding of promotion upto one year.
(iv)
Stoppage of increment for a period not exceeding 3 years without cumulative
effect.
(v)
Fine to any amount not exceeding one month's pay:
(vi)
Confinement to quarters for a term not exceeding fifteen days, with or without
punishment drill, extra guard, fatigue or other duty.
(vii)
Extra drill not exceeding 15 days fatigue or other duties.
(d)
Major punishments:
(i)
Reduction in rank or pay;
(ii)
Compulsory retirement;
(iii)
Removal from service; and
(iv)
Dismissal from service.
(2)
(a) Removal from service does not but dismissal from service does disqualify
for future employment.
(b)
Reversion from an officiating rant is not a punishment.
(3)
In this rule, removal or dismissal from service does not include the discharge
of a person :
(a)
appointed on probation, during the period of probation, or in accordance with
the probation or training rules applicable to him; or
(b)
appointed, otherwise than under a contract, to hold a temporary appointment on
the expiration of the period of appointment; or
(c)
engaged under a contract, in accordance with the terms of the contract.
Court Decisions
Dismissal from service—Non-holding
of regular inquiry due to overwhelming evidence shown in show cause—No
prejudice had been caused to civil servant since he had been afforded proper
opportunity of hearing—Findings of Competent Authority were duly concurred by
Appellate and Revision Authorities and affirmed by Service Tribunal—No
justification to differ with such findings—No illegality or infirmity in
impugned judgment was found—No question of law of public importance was
involved—Supreme court dismissed petition and declined leave to appeal. 2004
S C M R 192
5.
:-- In case a Police Officer is accused of subversion,
corruption, inefficiency or misconduct, the authority may require him to
proceed on leave.
6.
Punishment proceedings :--.The punishment proceedings will
ordinarily be of three kinds i.e., (a) Summary Police Proceedings, (b) General
Police Proceedings and (c) Special Police Proceedings, for which the procedure
shall be as under,
(1)
The authority shall decide on the facts of each case whether procedure of
summary or general proceedings shall be adopted.
(2)
In case the authority decides that the misconduct is to be dealt with in Police
Summary Proceedings it shall proceed as under r
(i)The
accused officer liable to be dealt with in the Police Summary Proceedings shall
be brought before the authority in an Orderly Room.
(ii)
He shall be apprised by the authority, orally, of the nature of the allegation
against him.
The
substance of his explanation for the same shall be recorded and if the tame is
found unsatisfactory ho may be awarded one of the minor punishments mentioned
in these rules.
(iii)
The authority conducting the Police Summary Proceedings may, if deemed
necessary adjourn them, ordinance, for maximum period of 7 days.
(3)
If the authority decides to hold General Police Proceedings, the procedure
shall be as under :
(i)
The authority shall determine whether in the light of facts of the case or In
the interests of justice, a departmental inquiry, through an Inquiry officer,
is necessary. If it decides that it is not necessary, it shall
(a)
by order in writing inform the accused of the action proposed to be taken in
regard to him and the grounds of the action, and
(b)
give him a reasonable opportunity showing cause against that action ;
Provided
that no such opportunity shall be given where the authority is satisfied that
in the interest of security of Pakistan
(4)
If the authority decider that it is necessary to have departmental inquiry, it
shall appoint for this purpose an Inquiry Officer who is senior in lank to the
accused.
(5)
On receipt of the finding of the Inquiry Officer or where no such officer is
appointed on receipt of the explanation of the accuse;;, if any, the authority
shall determine whether the charge has been proved or not. In case the charge
is proved, the authority may award one op more of the punishments which as per
Schedule, it is competent to impose.
Court Decisions
Dismissal from service —
Findings of Competent Authority were duly concurred by Appellate and Revision
Authorities and affirmed by Service Tribunal—No justification to differ with
such findings—No illegality or infirmity in impugned judgment was found—No
question of law of public importance was involved—Supreme court dismissed
petition and declined leave to appeal. 2004 S C M R 192
7.
Procedure to be observed by the Inquiry Officer.
:-- (I) Where an Inquiry Officer is appointed, the authority shall
(a)
frame a charge and communicate it to the accused together with Statement of the
allegations explaining the charge and any other relevant circumstances which
are proposed to be taken into consideration;
(b)
require the accused, within 3 days from the day the charge has been communicated
to him to put in a written defence and to state at the same time whether he
desires to be heard in person;
(2)
The Inquiry Officer shall inquire into the charge and may examine such oral or
documentary evidence in support of the charge or In defence of the accused as
may be considered necessary and the accused shall be entitled to crossexamine
the witnesses against him.
(3)
The Inquiry Officer shall hear the case from day to day and no adjourment shall
be given except for reasons to be recorded In writing and where any adjourment
is given;
(a)
it shall not be more than a week; and
(b)
the reasons therefor shall be reported forthwith to the authority.
(4)
Where the Inquiry Officer is satisfied that the accused is hampering, or
attempting, to hamper, the progress of the inquiry, he shall administer a
warning and if, thereafter, he is satisfied that the accused is acting in
disregard of this warning he shall record a finding to that effect and proceed
to complete the departmental Inquiry ex parte
(5.)
If the accused absents himself from the inquiry on medical grounds, be shall be
deemed to have hampered or attempted to hamper the progress of the inquiry,
unless medical leave, applied for by him is sanctioned on the recommendation of
a Medical Officer nominated by the authority for this purpose;
Provided
that the authority may, in his discretion, sanction medical leave up to seven
days without the recommendation of the Medical Officer.
(6)
The Inquiry Officer shall within 10 days of the conclusion of the proceedings
or such longer period as may be allowed by the Authority, submit his findings
and grounds thereof to the authority.
Court Decisions
Non-holding of regular inquiry due
to overwhelming evidence shown in show cause—No prejudice
had been caused to civil servant since he had been afforded proper opportunity
of hearing—Findings of Competent Authority were duly concurred by Appellate and
Revision Authorities and affirmed by Service Tribunal—No justification to
differ with such findings2004 S C M R 192
8.
Powers of Inquiry Officer. :-- (I) For the purpose of
departmental Inquiry under these rules, the inquiry Officer shall have the
powers of a civil Court trying a suit under the Code of Civil Procedure, 1908
(Act of 11708) in respect of the following matters namely;
(a)
summoning and enforcing the attendance of any person and examining him on
oath;
(b)
requiring the discovery and production of documents;
(c)
receiving evidence on affidavits;
(d)
issuing commissions for tree examination of witnesses or documents.
(2)
The proceedings under these rules shall be deemed to be judicial proceedings
within the meaning of sections 193 and 218 of the Pakistan Penal Code (Act XLV
of 1860).
9.
Special Police proceedings. :-- Where an enrolled Police
Officer goes on strike, hunger strike, protest or demonstration or by use or
threat of criminal force or in any other manner whatsoever, induces any other
Police Officer, to go on or participate in such strike, demonstration or
protest, notwithstanding anything contained in these rules, the authority,
shall ----
(a)
by order, in writing, infirm the accused officer of the action proposed to be
taken in regard to him and grounds of the action and require him to submit his
explanation within a specified period;
(b)
consider the explanation of the accused, if any, and after giving him a
reasonable opportunity of showing cause against the proposed action, may award
any of the punishments specified in section 7 of the Police Act, 1961;
Provided
that no such opportunity shall be given where the authority is satisfied that
in the interest of security of Pakistan
10.
Rules 6, 7 and 9 not to apply in certain case. :-- Nothing
in rules 6, 7 and 9 shall apply in a case a.
(a)
Where the accused is dismissed or removed from service or reduced in rank, on
the ground of conduct which has led to a sentence of fine or of imprisonment or
both; or
(b)
where the authority competent to impose a major punishment to satisfied that, for
reasons to be recorded in writing by that authority, it is not reasonably
practicable to give the accused an opportunity of showing cause.
11.
Procedure of Inquiry, against officer lent to other Government or Authority
:--(1) Where the services of a Police Officer to whom these rules apply, are
lent to any other Government or to a local or other Authority, in this rule
referred to as the borrowing authority, the borrowing Authority shall have the
powers of the authority for the purpose of placing him under suspension or
requiring him to proceed on leave and of initiating proceedings against him
under these rules.
(2)
Provided that the borrowing authority shall forthwith inform the authority
which has lent his services, hereinafter in this rule referred to .the lending
;authority of the circumstances leading to rte order of his suppression or the
commencement of the proceedings, as the ;:ass may be.
(3)
If, in the light of the findings of the proceedings taken against the Police
Officer to terms of subrule (1), the borrowing authority is of opinion that any
major punishment should be imposed upon him it shall have the powers to impose
minor punishments. For major punishment it shall transmit to the lending
authority the record of the proceedings and thereupon the lending authority
shall take action as prescribed in these rules.
12.
Revision:--- (1) The Inspector General, Additional Inspector
General, a Deputy Inspector General of Police or a Superintendent of Police may
call for the records of swards made by their subordinates and confirm, enhance,
modify or annul the same, or make further investigation or direct such to be
made before passing orders.
(ii)
If an award of dismissal is annulled, the officer annulling it shall state
whether it is to be regarded as suspension followed by reinstatement, or not.
The order should also state whether service prior to dismissal should count for
pension or not.
(iii)
In all oases in which officers propose to enhance an award they shall, before
passing final orders, give the defaulter concerned an opportunity of showing
cause, either personally or in writing, why his punishment should not be
enhanced.
13.
:-- No party to any proceedings as under the rules before the authority
or Inquiry Officer shall be represented by an Advocate.
14.
Appeal.--- (a) An appeal shall lie only against the order of
dismissal, removal from service, compulsory retirement, reduction in rank or
timescale, forfeiture of approved service and imposition of fine;
(b)
There shall be one appeal only from the original order and the order of the
appellate authority shall be final;
(c)
The appeal shall lie to an Officer one step higher in rank as shown in the
Schedule. than the one who passes the original order provided that in case of
orders pissed by the Inspector General of Police, only a review petition would
be admissible.
15.
Repeal. :-- Any Disciplinary Rules previously applicable to Police
Officers to whom these rules apply are hereby repealed but the repeal thereof
shall not affect any action taken or anything already done or suffered
thereunder.
No comments:
Post a Comment