UP Police Regs 492Chapter 32 · Departmental Punishment of Police Officers and Their Criminal Prosecution
Section 492 · Paragraph 477. Section 2 of the Police Act applies only to police officers appointed under Section 2 of the Police Act
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The rules under this Chapter are made under Section 7 of the Police Act (V of 1861) and apply only to police officers appointed under Section 2 of the Police Act (V of 1861). No officer appointed under that section shall be punished by any executive order.
Punishments for gazetted officers are regulated by rules made by the Secretary of State in Council under subsection (2) of Section 96-B of the Government of India Act, 1919, in accordance with their agreement with the Secretary of State.
Rules for punishing clerical staff are set out in the Office Manual, and those for village watchmen are set out in Chapter 9 of these regulations.
Notes
(1) General - Section 7 of the Police Act does not in itself provide for any inquiry, but rather stipulates that disciplinary action shall be conducted in accordance with rules made by the State Government.
Chapter 32 provides that departmental action may be taken to impose penalties under Section 7 of the Police Act.
(2) Appointing Authority for Gazetted Officers - The Governor is the appointing authority for Class 1 Gazetted Officers of the State and, therefore, is also the authority to impose penalties on them. The Police Regulations apply only to non-gazetted officers and employees of the police. However, the Governor has delegated the power to impose minor punishments on Class 2 officers under his control to the respective heads of departments. These minor punishments include (1) censure, (2) withholding of increments and efficiency, or (3) recovery from their salaries of any financial loss caused to the State by their negligence or insubordination. These provisions are contained in the U.P. Class 2 Services (Imposition of Minor Punishment) Rules, 1973, published by Government Notification No. 22/1/72 Appointment-3, dated 21-7-73. (Please see the Manual of Government Orders from the same publisher.)
(3) Meaning of Administrative Control - Administrative and disciplinary control means immediate supervision of matters related to their work, including seeking answers, suspension, and the imposition of minor punishments (as above). Administrative control includes the control and regulation of subordinate officers who are responsible to the controlling officer and are obligated to carry out his orders and instructions, as explained in Jaipal Singh Naresh vs. State.
(4) Guiding Principles - The provisions of this Regulation are a complete set of rules, and the disciplinary officer, who is authorized to regulate and control within his authority, can impose penalties. The Police Act and Regulations for disciplinary action are not limited to acts committed against a police officer during his employment. The disciplinary officer must base his conclusions in his investigation on the evidence presented to him and is not free to determine charges against the accused officer in any other manner. Departmental proceedings under Section 7 are quasi-judicial in nature and may result in a certiorari order. Chapters 32 and 33 are not discriminatory and extend to dismissal. The provisions of the Civil Service Rules do not apply to subordinate police forces.
There is a difference between dismissal and removal from service. Dismissal generally renders a person unfit for future service, but removal from service generally does not. If a State servant claims that he or she has been adversely affected by a violation of a rule, he or she must prove it.
(5) Successor Officer Competent to Take Action - If a Superintendent of Police or a unit commander is transferred after serving a show-cause notice to the accused party, the successor is competent to pass an order without issuing a new show-cause notice, but the relieving officer must also hold the same rank. If a Deputy Superintendent of Police or Assistant Superintendent of Police is acting as an officiating Superintendent upon promotion, they must issue a fresh show-cause notice due to the change in rank.
(6) Disciplinary Action after Retirement - Under Paragraph 351 of the Central Service Rules, disciplinary action can be initiated even after retirement, within a prescribed period. G.O. No. 1014/8 Personnel-3-50 (2)/60, dated 19-2-1970, clarifies this. Under the Police Rules, recovery of government damages does not fall under the category of punishment, and recovery can be made by issuing a show-cause notice.
(7) Disciplinary Action and Police Regulations - The Government has the prerogative to pass an order of punishment in accordance with the recommendation of the Tribunal under Rule 10 of the Uttar Pradesh Disciplinary Action (Administrative Tribunal) Rules, 1974, but police officers who take action under Paragraph 490 of the CrPC are not obligated to pass such an order. In both situations, the police officer (accused) has the right to respond to the show-cause notice under Article 311(2) and to the Governor or competent authority's satisfactory response to the proposed action against him. While the procedures for these two groups may differ, both provide the defense of Article 311(2).
Paragraph 490 lays down the procedure to be followed in the proceedings, similar to Rules 8 and 9 of the Tribunal. The investigation under both provisions is not bound by the formalities of evidence and procedure, but mere hearsay testimony will not be considered credible, and the rules of equity and natural justice will be followed.
(8) Claim before the Public Service Tribunal: An employee may approach the Uttar Pradesh Public Service Tribunal in a service-related matter against an action of his employer that is inconsistent with the service conditions, Articles 16 and 311, or the service rules, but all departmental remedies must be exhausted before doing so. The Tribunal's order can be reviewed by the High Court, which has superintendence over all courts under Articles 226 and 227 of the Constitution.
The very opening words of Section 7 of the Police Act indicate that the rules applicable to police personnel will be made under this Act; there is no provision in the Civil Service Rules that requires it to apply to members of subordinate police forces, because the provisions of the Police Act and the Police Regulations promulgated under Section 7 fully cover the question of dismissal and do not discriminate.
There is a clear distinction between failing to comply with the terms of the law and failing to comply with the rules. A servant's dismissal resulting from a complete disregard of the procedure laid down in the rules does not entitle him to a suit for damages against the State for wrongful dismissal.
Punishments for gazetted officers are regulated by rules made by the Secretary of State in Council under subsection (2) of Section 96-B of the Government of India Act, 1919, in accordance with their agreement with the Secretary of State.
Rules for punishing clerical staff are set out in the Office Manual, and those for village watchmen are set out in Chapter 9 of these regulations.
Notes
(1) General - Section 7 of the Police Act does not in itself provide for any inquiry, but rather stipulates that disciplinary action shall be conducted in accordance with rules made by the State Government.
Chapter 32 provides that departmental action may be taken to impose penalties under Section 7 of the Police Act.
(2) Appointing Authority for Gazetted Officers - The Governor is the appointing authority for Class 1 Gazetted Officers of the State and, therefore, is also the authority to impose penalties on them. The Police Regulations apply only to non-gazetted officers and employees of the police. However, the Governor has delegated the power to impose minor punishments on Class 2 officers under his control to the respective heads of departments. These minor punishments include (1) censure, (2) withholding of increments and efficiency, or (3) recovery from their salaries of any financial loss caused to the State by their negligence or insubordination. These provisions are contained in the U.P. Class 2 Services (Imposition of Minor Punishment) Rules, 1973, published by Government Notification No. 22/1/72 Appointment-3, dated 21-7-73. (Please see the Manual of Government Orders from the same publisher.)
(3) Meaning of Administrative Control - Administrative and disciplinary control means immediate supervision of matters related to their work, including seeking answers, suspension, and the imposition of minor punishments (as above). Administrative control includes the control and regulation of subordinate officers who are responsible to the controlling officer and are obligated to carry out his orders and instructions, as explained in Jaipal Singh Naresh vs. State.
(4) Guiding Principles - The provisions of this Regulation are a complete set of rules, and the disciplinary officer, who is authorized to regulate and control within his authority, can impose penalties. The Police Act and Regulations for disciplinary action are not limited to acts committed against a police officer during his employment. The disciplinary officer must base his conclusions in his investigation on the evidence presented to him and is not free to determine charges against the accused officer in any other manner. Departmental proceedings under Section 7 are quasi-judicial in nature and may result in a certiorari order. Chapters 32 and 33 are not discriminatory and extend to dismissal. The provisions of the Civil Service Rules do not apply to subordinate police forces.
There is a difference between dismissal and removal from service. Dismissal generally renders a person unfit for future service, but removal from service generally does not. If a State servant claims that he or she has been adversely affected by a violation of a rule, he or she must prove it.
(5) Successor Officer Competent to Take Action - If a Superintendent of Police or a unit commander is transferred after serving a show-cause notice to the accused party, the successor is competent to pass an order without issuing a new show-cause notice, but the relieving officer must also hold the same rank. If a Deputy Superintendent of Police or Assistant Superintendent of Police is acting as an officiating Superintendent upon promotion, they must issue a fresh show-cause notice due to the change in rank.
(6) Disciplinary Action after Retirement - Under Paragraph 351 of the Central Service Rules, disciplinary action can be initiated even after retirement, within a prescribed period. G.O. No. 1014/8 Personnel-3-50 (2)/60, dated 19-2-1970, clarifies this. Under the Police Rules, recovery of government damages does not fall under the category of punishment, and recovery can be made by issuing a show-cause notice.
(7) Disciplinary Action and Police Regulations - The Government has the prerogative to pass an order of punishment in accordance with the recommendation of the Tribunal under Rule 10 of the Uttar Pradesh Disciplinary Action (Administrative Tribunal) Rules, 1974, but police officers who take action under Paragraph 490 of the CrPC are not obligated to pass such an order. In both situations, the police officer (accused) has the right to respond to the show-cause notice under Article 311(2) and to the Governor or competent authority's satisfactory response to the proposed action against him. While the procedures for these two groups may differ, both provide the defense of Article 311(2).
Paragraph 490 lays down the procedure to be followed in the proceedings, similar to Rules 8 and 9 of the Tribunal. The investigation under both provisions is not bound by the formalities of evidence and procedure, but mere hearsay testimony will not be considered credible, and the rules of equity and natural justice will be followed.
(8) Claim before the Public Service Tribunal: An employee may approach the Uttar Pradesh Public Service Tribunal in a service-related matter against an action of his employer that is inconsistent with the service conditions, Articles 16 and 311, or the service rules, but all departmental remedies must be exhausted before doing so. The Tribunal's order can be reviewed by the High Court, which has superintendence over all courts under Articles 226 and 227 of the Constitution.
The very opening words of Section 7 of the Police Act indicate that the rules applicable to police personnel will be made under this Act; there is no provision in the Civil Service Rules that requires it to apply to members of subordinate police forces, because the provisions of the Police Act and the Police Regulations promulgated under Section 7 fully cover the question of dismissal and do not discriminate.
There is a clear distinction between failing to comply with the terms of the law and failing to comply with the rules. A servant's dismissal resulting from a complete disregard of the procedure laid down in the rules does not entitle him to a suit for damages against the State for wrongful dismissal.
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