UP Police Regs 533Chapter 33 · Appeals, Revisions, Petitions and Copies of Official Documents
Section 533 · Paragraph 514. Rules for presenting petitions
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Any police officer having a complaint not covered by the above rules relating to appeals and applications for revision may present a petition under the following rules:
(a) In the first instance, the petition should be addressed to the officer of a lower rank empowered to pass the desired order. A petition addressed to a higher authority in contravention of the rule will be summarily rejected. It should be presented within three months from the date on which the petitioning officer was informed of the order appealed against. Provided that the authority to which the petition is presented may extend the period up to six months if it is satisfied that the petitioner was prevented from filing the petition within the prescribed period of three months due to unavoidable circumstances beyond its control.
(b) Police officers under the Superintendent, even if on leave, cannot present their petition directly to an officer superior to the Superintendent; they must present their petitions through the Superintendent. The Superintendent is bound to forward such petitions, provided they are written in restrained and respectful language. If he rejects them because they are not written in a prescribed manner, he must return them to the petitioner with an order to that effect endorsed on them. If he has any knowledge of the subject matter, he should report or express his opinion explaining his action when forwarding the petition.
(c) When the Superintendent of Police has rejected a petition in a case within his competence, the petitioner may submit a further petition to the Deputy Inspector General, in which case he should attach a copy of the Superintendent's order to his petition. If the second petition is rejected by the Deputy Inspector General, an application to the Inspector General against the Deputy Inspector General's order shall be for revision only. The Inspector General will intervene in such cases only if a grave irregularity appears to have resulted in significant injustice.
(d) Petitions to the Magistrate must be stamped with a court fee stamp of eight annas. Other petitions are not required to be stamped.
Note - (Currently, a court fee stamp of two rupees is required on petitions presented to the Magistrate.)
(e) Petitions to the Government must be in the form of a memorial and prepared in accordance with the rules governing the presentation of petitions to the Governor or the Government of Uttar Pradesh. The Inspector General of Police has the power, in his discretion, to withhold a petition in the circumstances specified in these rules, and in particular, he has the power to withhold a petition when it is a representation by a person who is or has been a member of the police force, when—
(1) arising from an order passed in revision against a fit appellate order confirming a dismissal or other punishment, or
(2) arising from an appealable order confirming a dismissal or other punishment, except where the right to present a petition for revision is conferred on the Government by any law or rule, or
(3) arising from an order appealed against, other than a sentence passed by the Government, expressly provided for in the rules, orders or contract regulating the terms and conditions of his service. Provided that no representation arising from an order passed in appeal or revision resulting in dismissal or removal from service, and limited only to a plea for mercy or compensatory pension, questioning the facts in dispute or the propriety of the order, shall be withheld.
For instructions on the Remembrance Papers of the Secretary in Council and the Governor in Council, see the Government of India Home Department Notification F-6/7/33-II, dated June 19, 1933, in Appendix 8 and Appendix 8-B, Volume III, Book of Government Orders, Volume 3. For the circumstances in which the Inspector General is empowered to withhold petitions addressed to the Government, see the Book of Government Orders.
(f) Petitions in Hindustani should always be accompanied by an English translation.
(g) No officer may file an application in respect of any matter which concerns his or her position, unless he or she has a personal interest in the matter.
(gg) No petition shall be filed in respect of the penalties specified in sub-paragraphs (c) to (f) of paragraph 478 of the Police Regulations.
(h) No petition relating to any matter relating to the prospects or position of an officer shall be entertained unless it is presented by the officer himself or herself.
(i) Without prejudice to the rights of recognized service associations, each officer wishing to file a petition with any authority shall do so separately.
Note
The Regulations do not provide for the power to condone delays in filing a petition after the deadline, as the legislative intent does not provide for this. It would be extremely unusual for the appeal hearing authority not to suffer from a disability to extend the period. The provision clearly states the time limit for filing an appeal/revision/petition, and if the authorities cannot condone the delay, and if they lack the authority to do so, they are not empowered to do so upon the petitioner's request. Similarly, there is no question of "staying" a petition filed after the time limit, as the difficulty lies in its admission.
(a) In the first instance, the petition should be addressed to the officer of a lower rank empowered to pass the desired order. A petition addressed to a higher authority in contravention of the rule will be summarily rejected. It should be presented within three months from the date on which the petitioning officer was informed of the order appealed against. Provided that the authority to which the petition is presented may extend the period up to six months if it is satisfied that the petitioner was prevented from filing the petition within the prescribed period of three months due to unavoidable circumstances beyond its control.
(b) Police officers under the Superintendent, even if on leave, cannot present their petition directly to an officer superior to the Superintendent; they must present their petitions through the Superintendent. The Superintendent is bound to forward such petitions, provided they are written in restrained and respectful language. If he rejects them because they are not written in a prescribed manner, he must return them to the petitioner with an order to that effect endorsed on them. If he has any knowledge of the subject matter, he should report or express his opinion explaining his action when forwarding the petition.
(c) When the Superintendent of Police has rejected a petition in a case within his competence, the petitioner may submit a further petition to the Deputy Inspector General, in which case he should attach a copy of the Superintendent's order to his petition. If the second petition is rejected by the Deputy Inspector General, an application to the Inspector General against the Deputy Inspector General's order shall be for revision only. The Inspector General will intervene in such cases only if a grave irregularity appears to have resulted in significant injustice.
(d) Petitions to the Magistrate must be stamped with a court fee stamp of eight annas. Other petitions are not required to be stamped.
Note - (Currently, a court fee stamp of two rupees is required on petitions presented to the Magistrate.)
(e) Petitions to the Government must be in the form of a memorial and prepared in accordance with the rules governing the presentation of petitions to the Governor or the Government of Uttar Pradesh. The Inspector General of Police has the power, in his discretion, to withhold a petition in the circumstances specified in these rules, and in particular, he has the power to withhold a petition when it is a representation by a person who is or has been a member of the police force, when—
(1) arising from an order passed in revision against a fit appellate order confirming a dismissal or other punishment, or
(2) arising from an appealable order confirming a dismissal or other punishment, except where the right to present a petition for revision is conferred on the Government by any law or rule, or
(3) arising from an order appealed against, other than a sentence passed by the Government, expressly provided for in the rules, orders or contract regulating the terms and conditions of his service. Provided that no representation arising from an order passed in appeal or revision resulting in dismissal or removal from service, and limited only to a plea for mercy or compensatory pension, questioning the facts in dispute or the propriety of the order, shall be withheld.
For instructions on the Remembrance Papers of the Secretary in Council and the Governor in Council, see the Government of India Home Department Notification F-6/7/33-II, dated June 19, 1933, in Appendix 8 and Appendix 8-B, Volume III, Book of Government Orders, Volume 3. For the circumstances in which the Inspector General is empowered to withhold petitions addressed to the Government, see the Book of Government Orders.
(f) Petitions in Hindustani should always be accompanied by an English translation.
(g) No officer may file an application in respect of any matter which concerns his or her position, unless he or she has a personal interest in the matter.
(gg) No petition shall be filed in respect of the penalties specified in sub-paragraphs (c) to (f) of paragraph 478 of the Police Regulations.
(h) No petition relating to any matter relating to the prospects or position of an officer shall be entertained unless it is presented by the officer himself or herself.
(i) Without prejudice to the rights of recognized service associations, each officer wishing to file a petition with any authority shall do so separately.
Note
The Regulations do not provide for the power to condone delays in filing a petition after the deadline, as the legislative intent does not provide for this. It would be extremely unusual for the appeal hearing authority not to suffer from a disability to extend the period. The provision clearly states the time limit for filing an appeal/revision/petition, and if the authorities cannot condone the delay, and if they lack the authority to do so, they are not empowered to do so upon the petitioner's request. Similarly, there is no question of "staying" a petition filed after the time limit, as the difficulty lies in its admission.
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