UP Police Regs 518Chapter 32 · Departmental Punishment of Police Officers and Their Criminal Prosecution
Section 518 · Paragraph 500. Immediate inquiry to be held when the conduct of a police officer is condemned by a court
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(a) When a court censures the conduct of a police officer, an inquiry should be conducted immediately, without waiting for the outcome of any appeal, on the points which the court has held censureable.
(b) If the officer whose conduct has been censured is a Superintendent of Police, the Deputy Inspector General of the Range shall transmit the inquiry. Upon its completion, he shall forward the report to the Commissioner.
(c) If the Commissioner considers that no further action is necessary, he shall record his opinion and forward a copy of the Deputy Inspector General's report and his opinion to the Government, with a copy to the Inspector General. If he considers that further action is desirable, he shall record his opinion and forward the papers to the Inspector General and a copy to the Government.
(d) If the officer whose conduct has been censured is of a rank other than that of a Superintendent of Police, the Superintendent of Police of the district shall transmit the inquiry either in person or through a Gazetted Officer. Upon its completion, he will forward the report to the District Magistrate.
(e) If the District Magistrate deems that no further action is desirable, he will record his opinion and forward the Superintendent of Police's report and his opinion to the Government through the Commissioner, with a copy to the Deputy Inspector General of the Central Range. If he deems further action necessary, he will record his opinion and return the paper to the Superintendent of Police, sending a copy to the Government. The Superintendent of Police will, in due course, inform the District Magistrate of the action taken by him.
Note
The court draws its own conclusions based on the evidence on record and sometimes censures the conduct of a police officer. In such a situation, an inquiry must be conducted into the matter of censure because the evidence before the court related to a specific charge did not fully shed light on the police officer's shortcomings. If the departmental inquiry does not find the police officer innocent and negligent in his duty, he will be free from blame even after the court's censure. Government Order No. 7772-R/VIII-B-II-1007/63, dated 17-2-1966, provides the heading under which the District Magistrate's report is to be sent. The competent authority may decide the case on the proposed punishment without waiting for the approval of the Government, as provided in G.O. No. 2791-R/VIII-A-2-1192-69, dated 11-7-1969 read with G.O. No. 120 P/VIII-Section 6-1192/69, dated 3-3-1975. However, where the Government considers that the punishment awarded was not adequate, it may direct a reconsideration of the matter. Where the District Magistrate does not agree with the punishment proposed by the Superintendent of Police and the Superintendent of Police does not agree with the District Magistrate's proposal, the Superintendent of Police will give reasons for his disagreement and the District Magistrate will refer the case to the Government for orders with his opinion.
(b) If the officer whose conduct has been censured is a Superintendent of Police, the Deputy Inspector General of the Range shall transmit the inquiry. Upon its completion, he shall forward the report to the Commissioner.
(c) If the Commissioner considers that no further action is necessary, he shall record his opinion and forward a copy of the Deputy Inspector General's report and his opinion to the Government, with a copy to the Inspector General. If he considers that further action is desirable, he shall record his opinion and forward the papers to the Inspector General and a copy to the Government.
(d) If the officer whose conduct has been censured is of a rank other than that of a Superintendent of Police, the Superintendent of Police of the district shall transmit the inquiry either in person or through a Gazetted Officer. Upon its completion, he will forward the report to the District Magistrate.
(e) If the District Magistrate deems that no further action is desirable, he will record his opinion and forward the Superintendent of Police's report and his opinion to the Government through the Commissioner, with a copy to the Deputy Inspector General of the Central Range. If he deems further action necessary, he will record his opinion and return the paper to the Superintendent of Police, sending a copy to the Government. The Superintendent of Police will, in due course, inform the District Magistrate of the action taken by him.
Note
The court draws its own conclusions based on the evidence on record and sometimes censures the conduct of a police officer. In such a situation, an inquiry must be conducted into the matter of censure because the evidence before the court related to a specific charge did not fully shed light on the police officer's shortcomings. If the departmental inquiry does not find the police officer innocent and negligent in his duty, he will be free from blame even after the court's censure. Government Order No. 7772-R/VIII-B-II-1007/63, dated 17-2-1966, provides the heading under which the District Magistrate's report is to be sent. The competent authority may decide the case on the proposed punishment without waiting for the approval of the Government, as provided in G.O. No. 2791-R/VIII-A-2-1192-69, dated 11-7-1969 read with G.O. No. 120 P/VIII-Section 6-1192/69, dated 3-3-1975. However, where the Government considers that the punishment awarded was not adequate, it may direct a reconsideration of the matter. Where the District Magistrate does not agree with the punishment proposed by the Superintendent of Police and the Superintendent of Police does not agree with the District Magistrate's proposal, the Superintendent of Police will give reasons for his disagreement and the District Magistrate will refer the case to the Government for orders with his opinion.
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