UP Police Regs 510Chapter 32 · Departmental Punishment of Police Officers and Their Criminal Prosecution
Section 510 · Paragraph 492. Departmental proceedings in a judicially tried case
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Whenever a police officer has been tried judicially, the Superintendent of Police should await the outcome of the judicial appeal, if any, before deciding whether further departmental action is necessary.
Note: The use of "judicial appeal" in this paragraph indicates that the provision intends to wait until the outcome of the surveillance is received. The period for filing a surveillance after a criminal case is 90 days. Therefore, the Superintendent of Police should wait until the surveillance is completed, and if it is filed, the outcome, before taking any action. The Department of Justice's view is also similar in Government Order No. 419/VIII-A0-39-67, dated 5-6-1967.
The trial ends with an acquittal, and any pending appeal against that order cannot be considered a continuation of the prosecution. When an employee is acquitted in appeal after being convicted by the first court, is the employee entitled to reinstatement from the date of acquittal, even after the State has filed an appeal against the acquittal order?
The right to punish is accompanied by the duty to act justly. In a contrasting situation, in a criminal case involving the misappropriation of a small sum of money, after the court had released the employee on probation instead of imposing a sentence, the competent departmental authority dismissed the employee, a mere emotional outburst that should have been considered rationally. In this situation, the dismissal order was rescinded.
Note: The use of "judicial appeal" in this paragraph indicates that the provision intends to wait until the outcome of the surveillance is received. The period for filing a surveillance after a criminal case is 90 days. Therefore, the Superintendent of Police should wait until the surveillance is completed, and if it is filed, the outcome, before taking any action. The Department of Justice's view is also similar in Government Order No. 419/VIII-A0-39-67, dated 5-6-1967.
The trial ends with an acquittal, and any pending appeal against that order cannot be considered a continuation of the prosecution. When an employee is acquitted in appeal after being convicted by the first court, is the employee entitled to reinstatement from the date of acquittal, even after the State has filed an appeal against the acquittal order?
The right to punish is accompanied by the duty to act justly. In a contrasting situation, in a criminal case involving the misappropriation of a small sum of money, after the court had released the employee on probation instead of imposing a sentence, the competent departmental authority dismissed the employee, a mere emotional outburst that should have been considered rationally. In this situation, the dismissal order was rescinded.
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