Updated: Friday November 20, 2009/AlJumaa
Thoul Hijjah 03, 1430/Sukravara
Karthika 29, 1931, at 03:20:09 PM
The
Preamble
Rules
1. Short title, commencement and application
2. Definitions
3. Grounds for punishment
4. Punishments
4-A.
5. Punishment proceedings
6. Procedure of Departmental Inquiry
7. Powers of Inquiry Officer
8. Rules 5 and 6 not to apply in certain cases
9. Procedure of Inquiry against Officers lent to other Government or authority
10.
11. Appeal
12.
13.Repeal
The
[Gazette of N.W.F.P.,
Extraordinary, 27th January, 1976]
No. SOS. Ill (S&GAD) l-80/73-K.W.-In exercise of the powers
conferred under section 7 of the Police Act of
1861, the Government of the North-West Frontier Province, is pleased to make the
following Rules, namely:---
1. Short title,
commencement and application.-(1) These rules may be
called the Police Rules,
1975;
(ii) They shall come into force at once and shall apply to all Police Officers of and below the rank of Deputy
Superintendent of Police.
2. Definitions.-In these rules, unless the
context otherwise requires:--
(i) 'Accused' means a Police Officer against whom
action is taken under these rules;
(ii) 'Authority' means authority competent to award punishment as per Schedule
(iii) 'Misconduct' means conduct prejudicial to good order of discipline in the
Police Force, or contrary to Government Servants
(Conduct) Rules or unbecoming of 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 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 authority as indicated in Schedule I.
3. Grounds of 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 of property disproportionate to his known sources of income; or
(ii) he has assumed a style of living beyond his ostensible means; or
(iii) he has a persistent 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 is, therefore, prejudicial to
national security, the authority may impose on him one or more punishments.
4. Punishments.-(1) The following are the minor and major punishments,
namely:---
(a) Minor punishments;
(i) Confinement of Constables and Head Constables for 15 days to Quarter
Guards;
(ii) Censure;
(iii) Forfeiture of approved service up to 2 years;
(iv) Withholding of promotion up to one year;
(v) Stoppage of increment for a period not exceeding 3 years with or without
cumulative effect;
(vi) Fine up to Rs. 1,000.
(b) Major punishments-
(i) reduction in rank/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 rank 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.
4-A. In case a Police Officer is accused of
subversion, corruption or misconduct the Competent Authority may require him to
proceed on leave or suspend him.
5. Punishment proceedings.-The punishment proceedings will be of two
kinds. i.e. (a) Summary Police Proceedings and (A)
General Police Proceedings and the following
procedure shall be observed when a Police Officer
is proceeded against under these rules:---
(1) When information of
misconduct or any act of omission or commission on the part of a Police Officer liable for punishment provided in these rules is received' by the authority, the authority,
shall examine the information and may conduct or cause to be conducted quick
brief inquiry if necessary, for proper evaluation of the information and shall
decide whether the misconduct or the act of omission or commission referred to
above should be dealt with in a Police Summary
Proceedings in the Orderly Room or General Police
Proceedings.
(2) In case the authority
decides that the misconduct is to be dealt with in Police
Summary Proceedings, he shall proceed as under-
(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 the nature of the alleged
misconduct, etc. The substance of his explanation for the same shall be
recorded and if the same is found unsatisfactory, he will 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 for a maximum period of 7
days to procure an additional information.
(3) If the authority decides
that the misconduct or act of omission or commission referred to above should
be dealt with in General Police Proceedings he
shall proceed as under-
(a) the authority shall determine if in the light of facts of the case or in
the interests of justice, a departmental inquiry, through an Inquiry Officer if
necessary. If he decides that is not necessary; he shall-
(b) by order in writing inform the accused of the action proposed to he taken
in regard to him and the grounds of the action: and
(c) give him a reasonable opportunity of 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
(4) If the authority decides
that it is necessary to have departmental inquiry conducted, through an Inquiry
Officer, he shall appoint for this purpose an Inquiry Officer, who is senior in
rank to the accused.
(5) On receipt of the
findings of the Inquiry Officer or where no such officer is appointed, on
receipt of the explanation of the accused, if any, the authority shall
determine whether the charge has been proved or not. In case the charge is
proved the authority shall award one or more of major or minor punishments as
deemed necessary.
6. Procedure of Departmental Inquiry.-(1) 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 of any other relevant circumstances
which are proposed to be taken into consideration;
(b) require the accused within 7 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 witnesses against him.
(3) The Inquiry Officer
shall hear the case from day to day and no adjournment shall be given except
for reasons to be recorded in writing and where any adjournment 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 the warning, he shall
record a finding to that effect and proceed to complete the departmental
inquiry ex parte.
(5) 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.
7. Powers of Inquiry
Officer.--(1) For
the purpose of departmental inquiry under these rules,
the Inquiry Officer shall have the powers of a Civil Court trying a suit under
Code of Civil Procedure, 1908 (Act V of 1908) 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 commission for the 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 228 of the Pakistan Penal
Code (Act XLV of 1860).
8. Rules
5 and 6 not to apply in certain cases.-Nothing in rules 5 and 6
shall apply in a case,---
(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 imprisonment; or
(b) where the authority competent to dismiss or remove a person from service,
or to reduce a person in rank, is 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.
9. Procedure of inquiry
against officers lent to other Government or Authority.-(1) Where the services of 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 as the lending authority, of the
circumstances leading to the order of his suspension or the commencement of the
proceedings, as the case may be.
(3) If in the light of the
findings in the proceedings taken against the Police
Officer in terms of sub-rule (1) the borrowing authority is of opinion that any
punishment should be imposed on him, 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.
10. No party to any proceedings under
the rules before the authority or Inquiry Officer
shall be represented by an Advocate.
11. Appeal.-(a) An appeal shall lie only
against the orders of dismissal, removal from service, compulsory retirement,
reduction in rank or time-scale, 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 the officer one step higher than the one who passes
the original order provided that in case of orders passed by the
Inspector-General of Police, only a review
petition would be admissible.
12. No order passed under these rules shall be subject to review by any Court/Tribunal.
13. Repeal.-Any Disciplinary Rules applicable to Police
Officers to whom these rules apply are hereby
repealed but the repeal thereof shall not affect any action taken or anything
done or suffered thereunder.
****
The Punjab Police (E & D)
Rules, 1975
Police Disciplinary Rules,
1975
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