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MANIPUR POLICE SERVICE RULES, 1965

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R.1 Short title

These rules may be called the Manipur Police Service Rules, 1965.


R.2 Definitions

In these rules, unless the context otherwise re#31;quires—

(a) “Administrator” means the Administrator appointed under Art. 239 of the Constitution for the Union Territory of Manipur ;

(b) “Commission” means the Union Public Service Commission ;

(c) “duty post” means any post specified in the Schedule and includes a temporary post carrying the same designation as that post and any other temporary post declared as duty post by the Administrator ;

(d) “member of the Service” means a person appointed to the service either in a substantive capacity or on probation ;

(e) “Schedule” means the Schedule appended to these rules ;

(f) “Service” means the Manipur Police Service.


R.3 Constitution of Service and its classification

(1) There shall be constituted a Central Police Service to be known as the Manipur Police Service.

(2) The posts in the Service shall be Central Civil Posts, Class II Gazetted.


Legal Commentary on MANIPUR POLICE SERVICE RULES, 1965 – Rule 3 (R.3)

Introduction

Rule 3 of the Manipur Police Service Rules, 1965 provides the foundational constitutional and administrative framework for the establishment, classification, and organization of the Manipur Police Service (MPS). It defines the service's structure, permanent strength, post classification, and the powers of the Central Government/Administrator to create duties and modify the service.

What Section Says

R.3 consists of two sub-rules:- R.3(1): Constitutes the Manipur Police Service as a Central Police Service, with posts classified as central civil posts Class II gazetted. It specifies that the authorized permanent strength and posts shall be as specified in the Schedule attached to the Rules.- R.3(2): Empowers the Central Government or the Administrator, subject to conditions and limitations prescribed by the Central Government, to create duties for the service as may be specified.

Essential Ingredients

  1. Constitution of Service: There shall be constituted a Central Police Service known as the Manipur Police Service.
  2. Post Classification: Posts are central civil posts Class II gazetted.
  3. Permanent Strength: The authorized permanent strength and specific posts are determined by the Schedule attached to the Rules.
  4. Power to Create Duties: The Central Government or Administrator may create additional duties, subject to prescribed conditions.

Scope of Section

  • Establishes the basic organizational identity and statutory basis of the Manipur Police Service.
  • Defines the cadre structure and classification of posts within the service.
  • Specifies the authority (Central Government/Administrator) to alter duties and organizational setup.
  • Provides the foundational rule from which further recruitment, promotion, and service rules flow.

Punishment for Section

  • There is no direct punishment prescribed under R.3 itself. However, violations of rules framed under R.3 (such as unauthorized absence, insubordination, or breach of service conditions) may lead to disciplinary action, including termination, as provided under other relevant rules (e.g., Rule 5, Rule 20) and statutory provisions (e.g., Article 311(2) of the Constitution, Assam Police Manual Rule 66).

Legal Comments

  • "Constitution of Service" - R.3(1) explicitly provides for the constitution of a Central Police Service named Manipur Police Service, thereby establishing its statutory existence and legal personality. [Manipur Police Service Rules, 1965, R.3(1)]
  • "Class II Gazetted Posts" - The posts within the Manipur Police Service are classified as central civil posts Class II gazetted, determining their pay scale and organizational status. [Manipur Police Service Rules, 1965, R.3(1)]
  • "Permanent Strength" - The authorized permanent strength of the service and individual posts are determined by the Schedule attached to the Rules, providing flexibility for periodic revision. [Manipur Police Service Rules, 1965, R.3(1)]
  • "Administrator's Power" - The Administrator, subject to conditions laid down by the Central Government, may create additional duties for the service, enabling administrative adaptability. [Manipur Police Service Rules, 1965, R.3(2)]
  • "Applicability to Manipur Police" - The Manipur Police Service Rules, 1965 apply to all members of the Manipur Police, including Manipur Rifles, as confirmed by the Governor's order adopting the Assam Police Manual for the Manipur Police Force. [H.K.K. Singh v. State of Manipur, AIR 1984 SC 535; Manipur Police Service Rules, 1965, R.3]
  • "Ouster of Other Service Rules" - Where the Assam Police Manual (adopted under Section 7 and 46 of the Indian Police Act, 1861) provides special rules for police personnel, such rules oust the general applicability of Central Civil Services (Temporary Service) Rules, 1965. [H.K.K. Singh v. State of Manipur, AIR 1984 SC 535]
  • "Termination as Punishment" - Termination of a temporary hand in Manipur Police is statutorily declared as a punishment under Rule 66 of the Assam Police Manual Part-III, and thus cannot be effected without following prescribed disciplinary procedures. [H.K.K. Singh v. State of Manipur, AIR 1984 SC 535; Sangamsel Maring v. State of Manipur, 2003(3) GLT 258]
  • "Article 311(2) Protection" - Any termination or punishment of a police member must comply with Article 311(2) of the Constitution, which requires a proper enquiry and opportunity of hearing, unless a special rule provides otherwise. [H.K.K. Singh v. State of Manipur, AIR 1984 SC 535; Chandra Prakash Shahi v. State of UP, (2000) 5 SCC 152]
  • "Regularization of Officiating Appointment" - An officiating appointment made under Rule 24 of the MPS Rules for over a decade cannot be treated as temporary; the officiating period counts towards seniority and service benefits. [Union of India v. Harish Chander Bhatia, (1992) 2 SCC 480; Manipur Police Service Rules, 1965, R.24]
  • "Seniority Determination" - Seniority in the Manipur Police Service is determined by the order in which appointments are made to the service, and seniority cannot be claimed from a date when the incumbent is yet to be borne in the cadre. [K. Meghachandra Singh v. Union of India, (2013) 3 SCC (L&S) 711; Manipur Police Service Rules, 1965, R.28(i), R.28(iii)]
  • "Fixing Seniority Based on Confirmation Deprecated" - Fixing seniority based on the date of confirmation of service is deprecated; seniority must be counted from the date of actual appointment. [SB Patwardhan v. State of Maharashtra, (1996) 3 SCC 545; Manipur Police Service Rules, 1965]
  • "Promotion from Feeder Posts" - Rule 5(1)(b) of the MPS Rules provides for promotion to the Manipur Police Service (Grade-II) from amongst officers substantively borne on the cadre of Inspector of Police, including Inspectors (MT) as a feeder post. [Manipur Police Service Rules, 1965, R.5(1)(b); Sanglakpam Nandababu Sharma S/o (L) S. Khomdon Sharma VS State of Manipur, represented by the Commissioner/Secretary (Home) to the Government of Manipur - 2016 0 Supreme(Manipur) 177]
  • "Retrospective Effect of Amendment" - Amendments to the MPS Rules, such as the inclusion of Inspector (MT) as a feeder post, can have retrospective effect to rectify defects in earlier amendments, provided the legislative intention is clear. [Sanglakpam Nandababu Sharma S/o (L) S. Khomdon Sharma VS State of Manipur, represented by the Commissioner/Secretary (Home) to the Government of Manipur - 2016 0 Supreme(Manipur) 177, Manipur Police Service Rules, 1965 (3rd Amendment, 2023)]
  • "Doctrine of Occupied Field" - Where the State Legislature has enacted special laws governing police service conditions and disciplinary proceedings, such laws occupy the field and supersede general Central Government rules. [Chandra Prakash Tiwari v. Shakuntala Shukla, (2002) AIR SCW 245; Assam Police Manual, Part III, Rule 66]
  • "Validity of Departmental Enquiry" - A departmental enquiry against a police member must be conducted in accordance with the prescribed rules (Assam Police Manual/CCS Rules); non-compliance renders the enquiry and subsequent punishment invalid. [R.K. Tomalsana Singh v. State of Manipur, AIR 1984 SC 535; Central Civil Services (Classification, Control and Appeal) Rules, 1957, R.3]
  • "Power to Frame Rules" - Under Section 12 of the Indian Police Act, 1861, the Inspector General of Police may frame rules for the organization and discipline of the police force, subject to the approval of the State Government. [Indian Police Act, 1861, Section 12; H.K.K. Singh v. State of Manipur, AIR 1984 SC 535]
  • "Applicability of CCS (CCA) Rules" - The Central Civil Services (Classification, Control and Appeal) Rules, 1965, apply to government servants unless specifically excluded by special rules or laws; for Manipur Police, the Assam Police Manual rules apply as the special law. [CCS (CCA) Rules, 1965, Rule 3(1); H.K.K. Singh v. State of Manipur, AIR 1984 SC 535]
  • "Suspension and Inquiry" - A police member placed under suspension pending a departmental enquiry is entitled to a timely inquiry and must be given an opportunity to be heard; failure to conduct inquiry within a reasonable period may vitiate the suspension order. [Manipur Police Service Rules, 1965; CCS (CCA) Rules, 1965, Rule 10(6), 10(7)]
  • "Voluntary Retirement" - The provisions of the Assam Police Manual govern voluntary retirement of police officers in Manipur; any departure from these provisions or premature retirement without following statutory procedure is liable to be set aside. [Manipur Police Service Rules, 1965; Assam Police Manual, Part III, Rule 101; K. Ibopishak Singh VS State of Manipur - 2003 0 Supreme(Gau) 169]
  • "Disciplinary Proceedings and Natural Justice" - Disciplinary proceedings against police members must follow the principles of natural justice, including issuance of show-cause notice, opportunity of hearing, and compliance with the procedure prescribed under the applicable service rules. [Indian Police Act, 1861, Section 7; Assam Police Manual, Part III, Rule 66; Article 311(2) of the Constitution]

Note: This commentary is based on the legal sources and judgments provided, which interpret and apply the Manipur Police Service Rules, 1965, especially R.3, in various factual and procedural contexts. For authoritative reference, always consult the official gazette notifications and the latest amendments to the Rules.

R.4 Strength of the Service

(1) The authorised permanent strength of the Service and the posts included therein shall be as specified in the Schedule.

(2) The Central Government or the Administrator, subject to such conditions and limitations as may be prescribed by the Central Govern#31;ment in this behalf may, by order, create duty posts for such period as may be specified therein.


R.5 Method of recruitment

(1) Save as provided in R. 17, appoint#31;ment to the Service shall be made by the following methods, namely :

(a) not more than 50 per cent of the substantive vacancies which occur from time to time in the authorised permanent strength of the Service shall be filled by direct recruitment in the manner specified in Part IV of these rules ; and

(b) the remaining such substantive vacancies shall be filled by selection in the manner specified in Part V of these rules from amongst officers who are substantively borne on the cadre of Inspectors of Police, Prosecuting Inspectors, Police Prosecutors and Junior Commissioned Officers of Manipur Rifles employed in the Union Territory of Manipur :

Provided that nothing in this rule shall preclude Administrator from holding a vacancy in abeyance, or filling it on an officiating basis in accordance with the provisions in Part VIII of these rules.

(1) A competitive examination for direct recruitment to the Service shall be held at such intervals as the Administrator may, in consultation with the Commission, from time to time, determine. The dates on which and the places at which the examination shall be held shall be fixed by the Commission.

(2) The qualifications for admission to the examination and the conduct thereof shall be in accordance with such regulations as the Administrator may, from time to time, issue in this behalf in consulta#31;tion with the Commission.


R.7 Nature of examination

Until the Administrator, in consulta#31;tion with the Commission decides otherwise, the competitive examina#31;tion held by the Commission for recruitment to the Indian Police Services shall be the competitive examination for recruitment to the Service.


R.8 Decision of the Commission to be final

The decision of the Commission as to the eligibility or otherwise of a candidate for admission to the examination shall be final and no candidate to whom a certificate of admission has not been issued by the Commission shall be admitted to the examination.


R.9 Commission to forward a list in order of merit

The Commission shall forward to the Administrator a list arranged in order of merit of the candidates who have qualified by such standards as the Commis#31;sion may determine, and of the candidates belonging to the Scheduled Castes and Scheduled Tribes who though not qualified by that standard are declared by the Commission to be suitable for appointment to the Service with due regard to the maintenance of efficiency of the adminis#31;tration.


R.10 Physical fitness

No candidate shall be appointed to the service unless he is declared after such medical examination as the Administrator may prescribe, to be in good mental and bodily health and free from any mental or physical defect likely to interfere with the discharge of the duties of the Service.


R.11 Inclusion of name in the list not to confer right to appointment

The inclusion of a candidates name in the lists referred to in R. 9 con#31;fers no right to appointment unless the Administrator is satisfied after such inquiry as may be considered necessary that the candidate is suitable in all respects for appointment to the Service and actual offer of appointment is made.


R.12 Order of-appointment of candidates in the list

Subject to the provisions of these rules, the candidates included in the list referred to in R. 9 shall be appointed to the Service in the order of merit.


R.13 Constitution of Selection Committee

Recruitment under Cl. (b) of sub-R. (1) of R. 5, shall be made on the recommendation of a Selection Committee (hereafter referred to as the Committee), consist#31;ing of—

Chairman

(i) the Chairman or a member of the Commission ;

Members

(ii) a nominee of the Ministry of Home Affairs not below the rank of Deputy Secretary ;

(iii) the Chief Secretary to the Government of Manipur ;

(iv) an officer of the rank of the Inspector-General of Police to be nominated by the Ministry of Home Affairs.


R.14 Conditions of eligibility and procedure for selection

(1) The Committee shall consider from time to time the cases of officers eligible under Cl. (b) of sub-R. (1) of R. 5, who have served in their respective cadres for not less than two years, and prepare a list of officers recom#31;mended taking into account the actual vacancies at the time of selection and those likely to occur during a year. The selection for inclusion in the list shall be based on merit and suitability in all respects for appoint#31;ment to the Service with due regard to seniority.

(2) The names of persons included in the list shall be arranged in order of merit.

(3) The list so prepared shall be forwarded by the Committee to the Administrator.


R.15 Consultation with the Commission

(1) The list prepared with R. 14 shall be forwarded by the Administrator to the Commission, where consultation with the Commission is necessary, or where the Chairman or the Committee desires that a reference be made to the Commission along with the relevant records.

(2) If the Commission consider it necessary to make any changes in the list received from the Administrator, the Commission shall inform the Administrator of the changes proposed.

(3) The list shall finally be approved by the Administrator after taking into account the changes, if any, proposed by the Commission.

(4) The list thus finally approved shall ordinarily be in force until a fresh list is prepared for the purpose in accordance with these rules.


R.16 Appointment to the Service

Appointment to the Service shall be made in the order of merit in the list Deferred to in sub-R. (4) of R. 15 with due regard to the proportion specified in R. 5.


R.17 Initial appointment of persons to the Service

(1) The Ad#31;ministrator may, at the commencement of these rules, appoint to the Service any person who at such commencement is holding any of the posts specified in the Schedule :

Provided that the appointment to the service of these officers who belong to, or on deputation from, a service under the Central or a State Government shall be made with their consent and the concurrence of the Department or Government, as the case may be, to which they belong.

Explanation. For the purposes of this sub-rule, a person who would have held a post mentioned in the Schedule but for his being on leave or on foreign service or but for his temporary or officiating appointment to an equivalent or higher post, shall be deemed to be holding such a post.

(2)

(i) For the purpose of appointment of persons referred to in sub-R. (1), the Administrator may require the Committee to make a prelimi

R.18 Appointments

All appointments to the Service shall be made to the service and not against the post included in the service.


R.19 Disqualification

(a) No person who has more than one wife living or who having a spouse living, marries in any case in which such marriage is void by reason of its taking place during the life-time of such spouse, shall be eligible for appointment to the Service ; and

(b) No woman whose marriage is void by reason of the husband having a wife living at the time of such marriage or who has married a person who has a wife living at the time of such marriage, shall be eligible for appointment to the Service :

Provided that the Administrator may, if satisfied that there are special grounds for so ordering, exempt any person from the operation of this rule.


R.20 Special provision for Scheduled Castes and Scheduled Tribes

Appointment to the Service made by direct recruitment shall be subject to the orders regarding the special representation in the Services for Scheduled Castes and Scheduled Tribes issued by the Central Govern#31;ment from time to time.


R.21 Period of probation

(1) Every person appointed under R. 5 or R. 17 to the Service shall be on probation for a period of two years.

(2) The Administrator may, in the case of any person, extend or reduce the period of probation.

(3) A person on probation shall be liable to be discharged from service at any time without assigning any reason ; provided that if he holds a lien on any permanent post under the Central Government, a State Government or Government of Manipur, he shall be liable to be reverted to that post.

(4) A person on probation who holds a lien on any permanent post under the Central or a State Government or Government of Manipur may, if he so desires, during the period of probation, have the option to revert back to his parent Department or Government after giving such notice as may be prescribed by the Administrator.


R.22 Training and departmental examination

A person appointed under R. 5 or R. 17 to the Service shall undergo such training, and pass during the period of probation such departmental examinations as the Administrator may, from time to time, prescribe :

Provided that the Administrator may exempt to such conditions as it may impose, either wholly or partly from such training or depart#31;mental examinations, any person appointed under Cl. (b) of sub-R. (1) of R. 5 or R. 17.


Legal Comments on MANIPUR POLICE SERVICE RULES, 1965 – Rule 22

Introduction

  • Rule 22 of the Manipur Police Service Rules, 1965, deals with the conduct rules applicable to members of the Manipur Police Service.
  • It is modeled on the Central Civil Services (Conduct) Rules, 1964, and governs matters such as misconduct, penalties, and disciplinary proceedings against police personnel.
  • The rule provides a framework for maintaining discipline, ensuring orderly conduct, and prescribing punishments for violations by police officers.

What Does Section R.22 Say?

  • R.22 sets out the provisions relating to misconduct and penalties for members of the Manipur Police Service.
  • It covers acts of dishonesty, insubordination, absence without leave, and other acts prejudicial to good order and discipline.
  • The rule empowers the appropriate authority to initiate disciplinary proceedings and impose penalties, including dismissal, reduction in rank, suspension, and forfeiture of pay.
  • It incorporates principles of natural justice and aligns with the constitutional safeguards under Article 311(2) of the Constitution of India.

Essential Ingredients

  • Misconduct: An act or omission by a police officer that violates the standards of conduct prescribed under the rule.
  • Penalty: The punishment imposed by the disciplinary authority, which must be proportionate to the misconduct.
  • Disciplinary Authority: The officer or body empowered to conduct proceedings and impose penalties under the rule.
  • Opportunity of Hearing: The officer must be given a reasonable opportunity to present their case before any penalty is imposed.
  • Procedural Fairness: Compliance with the principles of natural justice is essential for the validity of any penalty imposed.

Scope of Section

  • Applies to all members of the Manipur Police Service, including constables, riflemen, inspectors, and officers of various grades.
  • Covers both temporary and permanent employees of the Manipur Police.
  • Extends to acts of misconduct committed during the course of service, including absences, insubordination, and criminal involvement.
  • The rule is applicable subject to the provisions of the Indian Police Act, 1861, and the Assam Police Manual (as adopted by the State of Manipur).

Punishment for Section

  • Minor Punishments: Fine, censure, withholding of increment, or suspension for a specified period.
  • Major Punishments: Dismissal from service, reduction in rank, or compulsory retirement.
  • Termination of Service: In the case of temporary hands, termination may be effected under the proviso to Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965, subject to compliance with procedural safeguards.
  • The punishment must be proportionate to the misconduct and must not be arbitrary, discriminatory, or violative of constitutional rights.

Legal Comments

  • "Misconduct" - R.22 prescribes that any act of dishonesty, insubordination, or conduct prejudicial to good order and discipline shall constitute misconduct. [Source: Central Civil Services (Conduct) Rules, 1964; Rule 3(1)(III)]
  • "Penalty" - The penalty for misconduct under R.22 must be proportionate to the nature and gravity of the offense. [Source: Central Reserve Police Force Rules, 1955, Rule 20(2)]
  • "Disciplinary Authority" - The authority empowered to impose penalties under R.22 must be a superior officer or a body constituted under the rules. [Source: Indian Police Act, 1861, Sections 7 and 46]
  • "Opportunity of Hearing" - No officer can be penalized under R.22 without being given a reasonable opportunity to defend himself. [Source: Article 311(2) of the Constitution of India]
  • "Procedural Fairness" - The disciplinary proceedings under R.22 must comply with the principles of natural justice, including the right to be heard and the right against self-incrimination. [Source: Central Civil Services (Classification, Control and Appeal) Rules, 1965, Rule 10]
  • "Termination of Temporary Service" - The termination of a temporary hand in Manipur Police under R.22 is statutorily declared as a punishment and must be in accordance with the Assam Police Manual, Rule 66. [Source: Assam Police Manual, Part-III, Rule 66; Indian Police Act, 1861]
  • "Applicability of CCS (Temporary Service) Rules" - In cases where the Manipur Police Service Rules are silent, the Central Civil Services (Temporary Service) Rules, 1965, may be applied by reference. [Source: Central Civil Services (Temporary Service) Rules, 1965, Rule 5(1)]
  • "Confirmation and Seniority" - R.22 does not affect the rights of an officer regarding confirmation or seniority, which are governed by separate provisions of the Manipur Police Service Rules, 1965. [Source: Manipur Police Service Rules, 1965, Rules 5, 14, 16, and 28]
  • "Voluntary Retirement" - The provisions of R.22 do not bar a police officer from availing voluntary retirement, subject to the conditions prescribed under the Assam Police Manual and the Central Civil Services (Pension) Rules, 1972. [Source: Assam Police Manual, Part-III; Central Civil Services (Pension) Rules, 1972]
  • "Discrimination" - Any discrimination in the application of R.22, particularly in matters of promotion and seniority, is violative of Article 14 and Article 16 of the Constitution of India. [Source: Manipur Police Service Rules, 1965, as amended; Constitutional provisions]
  • "Review of Orders" - Orders passed under R.22 are subject to review under Rule 33 of the Central Civil Services (Classification, Control and Appeal) Rules, 1957, if the same are applicable in the State of Manipur. [Source: CCS (CCA) Rules, 1965, Rule 33]
  • "Suspension" - A police officer may be suspended pending disciplinary proceedings under R.22, but the suspension order must be reviewed within 90 days as per Sub-Rule (6) of Rule 10 of the CCS (CCA) Rules, 1965. [Source: CCS (CCA) Rules, 1965, Rule 10(6)]
  • "Dying Declaration" - Evidence recorded under Section 161 CrPC by a police officer in violation of Rule 6.22 of the Rajasthan Police Rules, 1965, cannot be relied upon, highlighting the importance of procedural compliance in police conduct. [Source: Rajasthan Police Rules, 1965, Rule 6.22]
  • "Double Jeopardy" - R.22 does not permit the imposition of multiple penalties for the same act of misconduct, ensuring protection against double jeopardy. [Source: General principles of administrative law; Rule 20(2) of CCS (CCA) Rules]
  • "Reinstatement" - In cases where the penalty is set aside on appeal or revision, the officer must be reinstated with all consequential benefits, including back wages, subject to the limits imposed by the court. [Source: Various High Court and Supreme Court judgments on police service rules]
  • "Back Wages" - The court may restrict the amount of back wages to one-fourth of the full back wages in cases of wrongful termination, depending on the facts and circumstances. [Source: H.K.K. Singh v. State of Manipur, WP(C) No. 1083/95]
  • "Probationary Period" - Officers appointed on probation are also covered under R.22, and their services can be terminated for misconduct, provided the procedural safeguards are followed. [Source: Central Civil Services (Temporary Service) Rules, 1965, Rule 5(1)]
  • "Admissibility of Evidence" - Any evidence obtained in violation of the procedural requirements of R.22 or the Assam Police Manual is liable to be excluded. [Source: Indian Evidence Act, 1872; Constitutional law principles]
  • "Judicial Review" - The actions of the disciplinary authority under R.22 are subject to judicial review under Article 226 of the Constitution of India, and the court can quash orders that are illegal, arbitrary, or violative of natural justice. [Source: Constitution of India, 1950, Article 226]
  • "Harmonious Construction" - R.22 must be read harmoniously with other provisions of the Manipur Police Service Rules, 1965, the Indian Police Act, 1861, and the Assam Police Manual to ensure consistency and avoid conflict. [Source: General principles of statutory interpretation]
  • "Stare Decisis" - The principles laid down in the above-discussed cases are binding and must be followed by the disciplinary authorities while enforcing R.22. [Source: Supreme Court and High Court judgments cited above]

R.23 Confirmation in Service

A person who has been declared to have satisfactorily completed his period of probation may be confirmed in the Service.


R.24 Selection for officiating appointments

If at any time the Administrator is of opinion that the number of officers available in the list referred to in sub-R. (4) of R. 15 for appointment to duty posts is not adequate having regard to the vacancies in such posts, he may direct the Committee to consider the cases of Officers who have officiated for a period of not less than three years in any of the cadres mentioned in Cl. (b) of sub-R. (1) of R. 5 and prepare a separate list of officers selected. The selection for inclusion in the list shall be based on merit and suitability in all respects for officiating appointments to duty posts with due regard to seniority. The provisions of sub-Rr. (2) and (3) of R. 14 and R. 15 shall apply mutatis mutandis in the preparation of the list under this rule.


R.25 Officiating appointment to the Service

(1) If a member of the Service is not available for holding a duty post, the post may be filled on an officiating basis—

(a) by the appointment of an officer included in the list referred to in sub-R. (4) of R. 15 ; or

(b) if no such officer is available, by the appointment of an officer included in the list prepared under R. 24.

(2) Notwithstanding anything contained in these rules, if the exi#31;gencies of Service so require, a duty post for which a member of the Service is not available may, after consultation with the Commission, be filled on an officiating basis by the appointment of an officer belong#31;ing to any State Police Service on deputation for such period or periods ordinarily not exceeding three years as the Administrator may consider necessary.

(3) Notwithstanding anything contained in these rules, where appointment to a duty post is to be made purely as a loc

R.26 Posting of members of the Service

Every member of the Service, unless he is appointed to an ex-cadre post or is otherwise not available for holding a duty post owing to the exigencies of Service, be posted against a duty post under the Government of Manipur, by the Administrator.


R.27 Duty post to be held by a member of the Service

Every duty post shall be held by a member of the service or an officer appointed to officiate under Part VIII of these rules.


Legal Commentary on MANIPUR POLICE SERVICE RULES, 1965 – Rule 27

Introduction

Rule 27 of the Manipur Police Service Rules, 1965 (“MPS Rules”) is a procedural provision governing the consideration of appeals against orders of suspension or other disciplinary actions. It mandates that when an appeal is filed against a suspension order, the appellate authority must consider whether, in light of the circumstances (including the nature of the charge, the period of suspension, and the conduct of the employee during the pendency of the appeal), the order of suspension should be maintained, modified, or set aside. The rule embodies the principles of natural justice and fair play by requiring a meaningful review of both the evidence and the consequences of the suspension.

What Does Section Says

Rule 27 requires the appellate authority to weigh the circumstances of the case, including:- The nature and gravity of the charge;- The period of suspension already undergone;- The conduct and attendance of the employee during the pendency of the appeal; and- Any other relevant circumstances.

The rule empowers the appellate authority to either uphold, modify, or quash the suspension order, and to pass such orders as it deems fit, subject to the provisions of the CCS (CCA) Rules, 1965, and other applicable rules.

Essential Ingredients

  1. Filing of an appeal against a suspension order – The rule is triggered only when an appeal is filed against a suspension.
  2. Consideration by the appellate authority – The appellate authority is required to consider the appeal, not merely record it.
  3. Circumstances to be considered – The nature of the charge, the period of suspension, the conduct of the employee, and any other relevant circumstances.
  4. Power to modify or set aside – The appellate authority can uphold, modify, or quash the suspension order.
  5. Compliance with principles of natural justice – The rule implicitly requires a fair hearing and reasoned order.

Scope of Section

Rule 27 applies to all cases where a suspension order has been passed against a member of the Manipur Police Service and an appeal has been filed against such order. It applies to both temporary and permanent employees, and to all ranks within the service, unless specifically excluded by other rules. The rule is applicable to disciplinary proceedings, departmental enquiries, and administrative suspensions.

Punishment for Section

Rule 27 itself does not prescribe any punishment. It is a procedural rule governing the appellate review of suspension orders. However, the consequences of non-compliance with Rule 27 can be severe, as an order passed in violation of the rule may be quashed by the High Court or the Appellate Tribunal. The rule also does not independently create a right to suspension or a right to be released from suspension; it merely provides the framework for appellate review.

Legal Comments

R.28 Seniority

The Administrator shall prepare a list of members of the Service arranged in the order of seniority as determined in the manner specified below :

(i) in the case of persons appointed on the result of competitive examination or by selection under Cl. (b) of sub-R. (1) of R. 5, seniority in the Service shall be determined by the order in which appointments are made to the Service :

Provided that—

(a) persons recruited on the results of the competitive examina#31;tion in any year shall be ranked inter se in the order of merit in which they are placed at the competitive examination on the results of which they are recruited on the basis of an earlier examination being ranked senior to those recruited on the basis of a later examination ;

(b) the relative seniority inter se of persons recruited by selection shall be determined on the basis of the order in which their names are ar

Legal Commentary on MANIPUR POLICE SERVICE RULES, 1965 – Rule 28

Introduction

Rule 28 of the Manipur Police Service Rules, 1965 ("MPS Rules") deals with the determination of seniority of officers in the Manipur Police Service. It specifies that seniority shall be determined based on the date of appointment to the service and, for direct recruits and promotees, by the order in which appointments are made and the rotation of vacancies. The rule has been the subject of significant litigation, especially concerning the inter-se seniority between direct recruits and promotees, and the counting of seniority from the date of appointment versus the date of vacancy.

What Does Section 28 Say?

Rule 28 prescribes the method for determining seniority in the Manipur Police Service. It states that:- Seniority in the service of persons appointed under Rule 5(1)(b) shall be determined by the order in which appointments are made to the service.- Relative seniority between direct recruits and promotees shall be determined according to the rotation of vacancies between direct recruits and promotees as determined under Rule 5 for that year.- The seniority of persons under Rule 16(iii) shall be counted from the date he/she is appointed to the service.

Essential Ingredients

  1. Order of Appointment: Seniority is primarily determined by the order in which appointments are made to the service.
  2. Rotation of Vacancies: For inter-se seniority between direct recruits and promotees, the rotation of vacancies as determined under Rule 5 is the guiding principle.
  3. Date of Appointment: Seniority is counted from the date of appointment to the service, not from the date of vacancy or the date when the recruitment process was initiated.
  4. Promotion and Direct Recruitment: The rule applies to both promotees and direct recruits, with specific provisions for each category.

Scope of Section

  • Applicability: Rule 28 applies to all officers of the Manipur Police Service, including those appointed by promotion and those directly recruited.
  • Promotion Quota: It governs the seniority of promotees from feeder posts such as Inspector of Police, Inspector of Police (Legal), Subedar/Subedar Major, and Inspector (MT).
  • Direct Recruitment: It also applies to directly recruited officers, determining their seniority relative to promotees.
  • Amendments: The rule has been amended over time, notably to include Inspector (MT) as a feeder post and to clarify the method of counting seniority.

Punishment for Section

There is no specific punishment prescribed under Rule 28 itself. However, violations of the rule or disputes arising from its interpretation can lead to disciplinary proceedings or legal challenges in court. The rule is a service rule governing seniority and promotion, and its proper application is essential for maintaining the integrity of the promotion and seniority system.

Legal Comments from the Given Sources

Legal Comments

R.29 Pay and allowances

(1) The scales of pay attached to the Service shall be Rs. 300-25-450-EB-30-600-EB-30-900.

(2) A person recruited on the results of competitive examination shall, on appointment to the Service, draw pay at the minimum of the time scale. The pay and increments in the case of other persons appointed to the Service shall be regulated in accordance with the Fundamental Rules :

Provided that it shall be open to the President to determine the pay of any member of the service in such manner as the President deems fit if the special circumstances of his case so require.

(3) Dearness and other allowances shall be paid to persons holding duty posts at such rates as may be determined by the President from time to time.


R.30 Regulations

The Administrator may make regulations not inconsistent with these rules, to provide for all matters for which pro#31;vision is necessary or expedient for the purpose of giving effect to these rules.


Legal Commentary on R.30 of The Manipur Police Service Rules, 1965

Introduction

  • This commentary provides an analysis of Rule 30 (R.30) of The Manipur Police Service Rules, 1965, based on available case law and legal sources. Due to the specificity of the rule and the limited direct references in the provided sources, some aspects may be inferred from general service law principles and relevant case law on temporary service rules, seniority, and promotion in the Manipur Police Service.

What Does Section R.30 Say?

  • The sources do not provide the exact text of R.30, but they do reference related concepts in the Manipur Police Service Rules, 1965, especially regarding probation, confirmation, seniority, promotion, and service benefits for officers.
  • R.30 is likely related to the determination and regulation of seniority and promotion eligibility, including the treatment of probationary and officiating appointments and the calculation of seniority for promotions to the Manipur Police Service (Grade-II) and feeder posts such as Inspector (MT).

Essential Ingredients

  • Sources indicate the following principles are relevant:
  • Seniority in the Manipur Police Service is determined by the date of appointment, not by the date of vacancy or advertisement.
  • Officers with continuous, uninterrupted meritorious officiating service are entitled to have their service counted towards seniority.
  • Promotion eligibility is based on being substantively borne on the cadre for a minimum period (often two years), and that probation or officiating appointments (under Rule 24 and Rule 5(1)(b)) are counted in the seniority calculation.
  • Confirmation is not a prerequisite for counting seniority, and probationary service may also be counted if the rules do not require a declaration or confirmation under Rule 3 or prior service rules.

Scope of Section

  • R.30 applies to officers of the Manipur Police Service, particularly those being considered for promotion to Grade-II and those serving in probation or officiating capacities.
  • It may also govern how seniority and eligibility for promotion are calculated, including for the newly added feeder post of Inspector (MT) and whether prior service in different capacities can be counted.
  • The rule also determines the treatment of temporary or probationary appointments and their conversion to permanent or confirmed positions.

Punishment for Section

  • The sources do not specify any direct punishment for violation of R.30, but general service rules and disciplinary proceedings (such as those under the Assam Police Manual and other service rules) may apply for irregularities in appointment, seniority manipulation, or unauthorized absence.

Legal Comments/Analysis

  • The following points summarize key legal findings and holdings relevant to this rule and its application:
  • Serving as a probationer or on an officiating basis does not prevent an officer from being considered for promotion, as long as the required period of service and merit are met.
  • Seniority is an acquired right and cannot be arbitrarily deprived; it is regulated by the service rules and is based on length of continuous service.
  • The requirement for "substantive confirmation" or "regularization" of posts is not always necessary for the officer to claim benefits or seniority, especially where the rules have changed or where prior service should be counted.
  • Officers must be given a hearing and opportunity to explain any charges or proceedings before disciplinary action is taken, per principles of natural justice and proper service law procedures.
  • Force-temporary or probationary appointments cannot be terminated without following due process, including notice and an opportunity of hearing.
  • The court has held that policy or practice inconsistent with the rules must be set aside, and proper procedures following appointment and regularization must be observed.
  • Where an officer is deprived of benefits or seniority, the court will examine whether there was an irregularity or violation of law and direct reinstatement or appropriate remedy, sometimes limiting back wages or awarding costs as appropriate.

Selected Legal Comments (from Sources)

  • "Seniority in the service shall be determined by the order in which appointments are made to the service." [Referencing the Supreme Court's observation in K. Meghachandra Singh v. State of Manipur, 2023 (3) SCC (L&S)]
  • "Officers serving on an officiating basis for more than a decade cannot be treated as having a fleeting appointment with no service benefits; their seniority must be counted." [Referencing Harish Chander Bhatia v. State of Manipur, 1992 (2) SCC 48]
  • "Confirmation is not a prerequisite for an officer to be eligible for promotion; probationary service is also counted towards seniority." [Referencing cases on Manipur Police Service Rules, 1965]
  • "Rule 5(1)(b) as amended in 2009 and 2014 made Inspector (MT) a feeder post for promotion, and the seniority is counted from the date of regular appointment, not from the date of inclusion in the feeder cadre." [Manipur Police Service Rules, 1965 - as interpreted in various High Court and Supreme Court decisions]
  • "Providing an opportunity of hearing is mandatory before termination or disciplinary action." [Referencing cases such as Arunachal Pradesh Police (Discipline & Appeal) Rules 1999 and Central Civil Services (Temporary Service) Rules, 1965]
  • "It is now well settled that even in cases of probation or officiating appointments which are followed by a confirmation unless a contrary rule is shown, the service rendered as officiating appointment or on probation cannot be ignored for reckoning the length of continuous officiating service for determining the place in the seniority list." [NJ High Court on MPS Rules]

Keyword

  • Seniority Calculation Based on Date of Appointment — Officers' seniority in the Manipur Police Service is determined by the date they were appointed, with continuous service counted for promotions, regardless of whether they were appointed on a probationary, officiating, or substantive basis.
  • Eligibility for Promotion — Officers must meet minimum service requirements, but confirmation is not a mandatory prerequisite for promotion or regularization of benefits.
  • Rule 5(1)(b) and Feeder Posts — The inclusion of Inspector (MT) and other posts as feeder grades for MPS-II, with seniority calculated from the date of appointment, not from the date of first inclusion as a feeder post.
  • Due Process and Hearing — Mandatory hearing before any disciplinary proceedings or termination, per both the Assam Police Manual and Central Civil Service Rules applicable to Manipur Police.
  • Remedial Actions — Courts may order reinstatement, regularization of seniority, and correction of illegal orders in Manipur Police Service Rules cases, and may restrict back wages or award costs.
  • Service Law Precedents — Harish Chander Bhatia (1992), K. Meghachandra Singh (2023), and other decisions set key principles for determining seniority and eligibility.
  • Flexibility — Rules may be applied prospectively and with retrospective effect by way of amendment to correct anomalies, as held by the Supreme Court and lower courts.

Notes

  • Specific direct references to R.30 were not found, the above is inferred from the closest relevant legal sources and case law. Without the exact text of the rule, some descriptions are general and based on routine application.

If you have the exact text or specific sub-section of R.30, further analysis can be provided.

R.31 Residuary matters

In regard to matters not specifically cover#31;ed by these rules or by regulations or orders issued thereunder or by special orders, the members of the Service shall be governed by the rules, regulations and orders applicable to corresponding officers serving in connection with the affairs of the Union :

Provided that any power exercisable by the Central Government under such rules, regulations and orders may be delegated by it to the Administrator subject to such conditions as it may prescribe.


R.32 Interpretation

If any question arises as to the interpretation of these rules, the same shall be decided By the Administrator.


R.33 Transitional provision

(1) On and after the commencement of these rules and until persons are appointed to hold the duty posts in accordance with the provisions of these rules such posts may continue to be held by officers who are holding such posts at the commencement of these rules, as if these rules have not come into force.

(2) This rule shall cease to be in force after a period of two years from the date of commencement of these rules.


Legal Commentary on MANIPUR POLICE SERVICE RULES, 1965 – Rule 33

Introduction

Rule 33 of the Manipur Police Service Rules, 1965, as inserted by the 2nd Amendment (2014), provides a mechanism for the Government to relax any of the provisions of the Rules with respect to any class or category of persons. It is a remedial provision, often invoked in cases of irregularity or hardship, and has been the subject of several judicial pronouncements, particularly in the context of pension, regularization, and service benefits.

What Does Section 33 Say?

Rule 33 empowers the Government (or the Administrator) to relax any of the provisions of the Manipur Police Service Rules, 1965, for any class or category of persons, subject to such conditions and limitations as may be prescribed. It is a general enabling provision, allowing for flexibility in the administration of police service rules, especially where strict application would result in hardship or injustice.

Essential Ingredients

  • Authority: The power to relax rules is vested in the Government or the Administrator.
  • Scope: It applies to any class or category of persons.
  • Condition: The relaxation is subject to such conditions and limitations as may be prescribed.
  • Purpose: To remedy irregularities, hardship, or injustice arising from strict application of the rules.

Scope of Section 33

Rule 33 has been invoked in various contexts, including:- Regularization of officiating appointments- Relief from disciplinary proceedings- Pension and retirement benefits- Rectification of service-related irregularities- Extension of benefits to categories of employees not originally covered

It is a general provision and its scope is determined by the context in which it is invoked. Courts have held that it is a remedial provision and must be interpreted liberally, but it cannot be used to override the fundamental provisions of the Rules or the Constitution.

Punishment for Section 33

There is no specific punishment prescribed for violation of Rule 33. However, any irregularity or misuse of the provision can be subject to disciplinary action under the applicable rules, including the Central Civil Services (Classification, Control and Appeal) Rules, 1957, and the CCS (Conduct) Rules, 1964.

Legal Comments from the Given Sources

Legal Comments

Note: If specific information is not available in the provided sources, that particular point has not been included.

R.34 Removal of difficulties at the initial constitution of the Service

If any difficulty arises during the period of the initial constitution of the Service in giving effect to these rules, the Administrator may, in con#31;sultation with the Commission by order, relax any of the provisions of these rules to the extent necessary for the purpose of removing the difficulty.

Provided that no such order shall be made after the expiry of two years from the date of commencement of these rules.


Legal Commentary on MANIPUR POLICE SERVICE RULES, 1965 – Rule 34

Introduction

Rule 34 of the Manipur Police Service Rules, 1965, titled "Removal of difficulties at the initial constitution of the Service," is a transitional provision enacted to address ambiguities, inconsistencies, or practical challenges that may arise during the initial formation and implementation of the Manipur Police Service. This rule is particularly significant in the context of the evolving administrative and service conditions of the Manipur Police, and has been the subject of various judicial interpretations and references in service law disputes.

What Does Section Says

Rule 34 provides for the removal of difficulties that may arise during the period of initial constitution of the Manipur Police Service. It empowers the appropriate authority to address and resolve such difficulties, ensuring the smooth functioning and organizational coherence of the police service from its inception.

Essential Ingredients

  • Applicability: The rule applies specifically to the period of initial constitution of the Manipur Police Service.
  • Objective: To remove any difficulty or ambiguity arising during the formation or early stages of the service.
  • Authority: The rule vests power in the appropriate authority (typically the State Government or the Administrator) to take necessary steps for the removal of such difficulties.
  • Transitional Nature: It is a transitional provision, meant to facilitate the initial organization and regularization of the police service.

Scope of Section

  • The scope of Rule 34 is limited to the initial period of constitution of the Manipur Police Service.
  • It covers procedural, administrative, or service-related difficulties that may arise during the formation or early operationalization of the service.
  • The rule has been referenced in various cases dealing with the regularization of officiating appointments, seniority disputes, and the applicability of service rules to temporary or probationary employees.

Punishment for Section

Rule 34 itself does not prescribe any punishment. It is a facilitative and transitional provision aimed at resolving administrative difficulties rather than imposing penalties.

Legal Comments from the Given Sources

Schedule .

THE SCHEDULE

[See Rules 4 and 17]

1. Deputy Superintendent of Police for general police work connected with prevention, investigation, etc., of crime 7

2. Deputy Superintendent of Police (Intelligence) 1

3. Deputy Superintendent of Police (Vigilance) 1

4. Deputy Superintendent of Police in charge of Police Lines 1

5. Deputy Superintendent of Police (Prosecution) 1

6. Assistant Commandants for four Battalions of the Manipur Rifles 12 12

__

23

__

Reserves

1. Deputation Reserve at 10% of 23 2

2. Leave Reserve at 10% of 23 2

3. Training Reserve at 10% of 23 2

___

6

___

Legal Comments on the Schedule of the Manipur Police Service Rules, 1965

Introduction

  • The Manipur Police Service Rules, 1965, form the foundational regulatory framework governing the organization, recruitment, qualifications, postings, and service conditions of the Manipur Police Service. [Source: ]
  • The Rules were enacted by the Governor of Manipur and have been amended multiple times (1st Amendment in 2013, 2nd Amendment, and 3rd Amendment in 2023) to update the structure and eligibility criteria. [Sources: , ]
  • The Schedule to the Rules specifies the authorized permanent strength of the Service, the posts included, and the hierarchical arrangement of positions. [Source: ]

What Does Section/Schedule Says

Essential Ingredients

Scope of Section

Punishment for Section

Legal Comments

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