DELHI POLICE PUNISHMENT AND APPEAL RULES, 1980
These rules shall be called "The Delhi Police (Punishment and Appeal) Rules, 1980".
They shall come into force with effect from the date of their publication in the Delhi Gazette.
(i) These rules shall be applicable to :
(a) All Officers and men of subordinate ranks i.e., Constable to Inspector.
(ii) All civilian and Class IV employees as well as all civilian officers on deputation to the Delhi Police e.g., teachers, internal auditors, Financial Advisor, Senior Psychologist, Education Adviser and other similar employees shall be governed by the C.C.S. (CCA) Rules, 1965 or the rules applicable in their parent departments. However, all non-gazetted Police officers on deputation to Delhi Police from Central/State police organisations shall be governed by the Delhi Police Act, 1978 and these rules.
(i) Authorised Punishment shall mean punishment or penalties as prescribed in Section 21 of the Delhi Police Act, 1978.
(ii) Civilian Employee means a non-gazetted employee
.
(iii) Court witness means and includes person(s) not examined as prosecution or defence witnesses, whose testimony the enquiring officer considers necessary to find out truth of a matter for which a departmental enquiry is held against an officer of subordinate rank of Delhi Police, not enrolled under the Delhi Police Act.
(iv) Disciplinary Authority means the authority competent to award punishment as prescribed in the Delhi Police Act, 1978.
The Delhi Police Act, 1978 prescribed the following penalties: (i) Dismissal, (ii) Removal from service, (iii) Reduction in rank 11. Added vide Notification No. F 5/20/84 Home (P) Estt. dated 4.9.86. [for a specified period], (iv) Forfeiture of approved service, (v) Reduction in pay, (vi) Withholding of increments, (vii) Fine not exceeding one months pay, (viii) Censure, (ix) Punishment drill not exceeding 15 days or fatigue duty or any other punishment duty to Constable only.
(i) Punishments mentioned at Serial Nos. (i) to (vii) above shall be deemed major punishment 22. Replaced vide Notification No. F 5/4/85 Home (P) Estt. dated 15th March 1985. [and may be awarded by an officer not below the rank of the appointing authority or above] after a regular departmental enquiry.
(ii) Punishment mentioned at Serial No. (viii) shall be called minor punishment and may be awarded by the authorities specified in sub-section (i) of Section 21 of the Delhi Police Act, 1978 after serving a show cause notice giving reasonable time to the defaulter and considering his written reply as well as oral deposition, if any, for which opportunity shall be afforded on request. Authority competent to award
Rank to whom it can be awarded
(i) D
The following shall not amount to a penalty within the meaning of this rule, namely-
(i) Stoppage at the efficiency bar in the time-scale on grounds of unfitness.
(ii) Reversion to a lower rank, grade or post of an officer officiating in a higher rank, grade or post on grounds of general unsuitability for holding such higher rank, grade or post.
(iii) Reversion to permanent rank, grade or post of an officer appointed on probation to a higher rank, grade or post during or at the end of the period of probation in accordance with the terms of his appointment or as the rules and orders governing such probation.
(iv) Compulsory retirement of a subordinate Police Officer civilian or Class IV employees in accordance with the Rules relating to his superann
(a) Dismissal/Removal. The punishment of dismissal or removal from service shall be awarded for the act of grave misconduct rendering him unfit for police service.
(b) Reduction No officer shall be reduced to a rank lower than that in which he was initially appointed.
(c) Withholding of increment.
(1) The increment of a police officer may be withheld as a punishment. The order must state definitely the period for which the increment is withheld, and whether the withholding shall have the effect of postponing future increments.
(2) The withholding of increments shall be entered in the order book in the case of constables and Head Constables and in the case of Inspectors, Sub-Inspectors and Assistant Sub-Inspectors published in the Police Gazette. Wh
The misconduct of a police officer may be judged in relation to the position he was occupying at the time when such misconduct was committed. In case the officer to be punished was holding a higher rank at the time when he committed the misconduct, the disciplinary authority shall be an officer empowered to punish a Police Officer of that higher rank.
The previous record of an officer, against whom charges have been proved, if shows continued misconduct indicating incorrigibility and complete unfitness for police service, the punishment awarded shall ordinarily be dismissal from service. When complete unfitness for police service is not established, but unfitness for a particular rank is proved, the punishment shall normally be reduction in rank.
(1) When a report is received from an official source, e.g., a court or the prosecution agency, that a subordinate rank has been convicted in a criminal court of an offence, involving moral turpitude or on charge of disorderly conduct in a state of drunkenness or in any criminal case, the disciplinary authority shall consider the nature and gravity of the offence and if in its opinion that the offence is such as would render further retention of the convicted police officer in service, prima facie undesirable, it may forthwith make an order dismissing or removing him from service without calling upon him to show cause against the proposed action provided that no such order shall be passed till such time the result of the first appeal that may have been filed by such police officer is known.
(2) If such police officer is acquitted on second appeal or revision, he shall be reinstated
When a police officer has been tried and acquitted by a criminal court, he shall not be punished departmentally on the same charge or on a different charge upon the evidence cited in the criminal case, whether actually led or not unless:
(a) the criminal charge has failed on technical grounds, or
(b) in the opinion of the court, or on the Deputy Commissioner of Police the prosecution witnesses have been won over; or
(c) the court has held in its judgment that an offence was actually committed and that suspicion rests upon the police officer concerned; or
(d) the evidence cited in the criminal case discloses facts unconnected with the charge before the court which justify departmental proceedings on a different charge; or (e) additional evidence for
1. In cases in which strictures are made on the conduct of a police officer by a Sessions Court or by a Metropolitan Magistrates court but no specific recommendation is made by the court making such strictures that an enquiry should be made, the Deputy Commissioner of Police will decide whether an investigation into the matter is necessary. If he decides that investigation shall be made, the procedure for investigation shall be as laid down in Rule 16 below.
2. When strictures on the conduct of a police officer are made by the High Court and are communicated to the Delhi Administration, the appointing authority shall proceed to take action in accordance with the instructions of the Delhi Administration.
3. In cases where serious charges arise from strictures made by criminal courts, the concerned Deputy Commissioner of Police shall initi
(1) Orderly room punishment.
(i) The punishment mentioned at S1.No. (ix) of Rule 5 above, namely punishment drill not exceeding 15 days, is the only punishment that can be awarded to constables in orderly room. Whenever it is intended to dispose of minor defaults of constables by awarding such a punishment, the defaulter concerned shall be marched in proper uniform in orderly room by an orderly officer with details of misconduct/dereliction of duty or indisciplined behaviour for which he is to be punished. These details shall be mentioned in a register to be maintained at each Police Station/Police Lines and offices of Deputy Commissioner of Police/Assistant Commissioners ofPoIice/Inspectors in the sub-joined proforma:- ORDERLY ROOM REGISTER
SI. No.
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(1) A preliminary enquiry is a fact finding enquiry. Its purpose is (i) to establish the nature of default and identity of defaulter(s), (ii) to collect prosecution evidence, (iii) to judge quantum of default and (iv) to bring relevant documents on record to facilitate a regular departmental enquiry. In cases where specific information covering the above-mentioned points exists a Preliminary Enquiry need not be held and Departmental enquiry may be ordered by the disciplinary authority straightaway. In all other cases, a preliminary enquiry shall normally proceed a departmental enquiry.
(2) In cases in which a preliminary enquiry discloses the commission of a coganizable offence by a police officer of subordinate rank in his official relations with the public, departmental enquiry shall be ordered after obtaining prior approval of the Additional Commissioner of Police concerned as t
The following procedure shall be observed in all departmental enquiries against police officers of subordinate rank where prima facie the misconduct is such that, if proved, it is likely to result in a major punishment being awarded to the accused officer :
(i) A police officer accused of misconduct shall be required to appear before the disciplinary authority, or such Enquiry Officer as may be appointed by the disciplinary authority. The Enquiry Officer shall prepare a statement summarising the misconduct alleged against the accused officer in such a manner as to give full notice to him of the circumstances in regard to which evidence is to be regarded. Lists of prosecution witnesses together with brief details of the evidence to be led by them and the documents to be relied upon for prosecution shall be attached to the summary of misconduct. A copy of the summary of misconduct a
(1)11. Substituted vide Notification No. F 5/81/85 Home (P) Estt. 4-9-86. [On receipt of the finding from the enquiry officer, the disciplinary authority shall pass an order imposing any penalty on the Police officer as specified in rule 5 of the Delhi Police (Punishment and Appeal) Rules, 1980. The order passed by the disciplinary authority shall be communicated to the accused officer. He also be supplied with a copy of the finding of the enquiry officer free of cost with direction to file an appeal within 30 days from the date of receipt of order, if he so desires.] 22. Sub-rule 2 deleted Notification No. F 5/81/85 Home (P) Estt. 4-9-86. [(2)****]
33. Sub-rule 3 shall be renumbered as rule 2, ibid. [(2] The above procedure shall not apply in cases in which :
(a) a punishment is imposed on a police officer on grounds of conduct which
Notwithstanding anything contained in Rules 13 and 16, if the administrative exigencies so require, the administrator may entrust the enquiry under any of the provisions of these Rules to an officer other than a Police Officer for conducting enquiries into the charge or charges of misconduct, dereliction of duty or corruption, as the case may be, and in the event of such an appointment having been made, the enquiry shall be conducted in accordance with the procedure laid down under these Rules, and where officers of different grades are involved in a joint enquiry to whom different disciplinary Rules are applicable, the enquiry shall be conducted in accordance with the procedure laid down under the Central Civil Services (Classification Control and Appeal) Rules, 1955. In the event of such an enquiry being held under the CCS (CCA) Rules, 1966. The rest of the provisions, Rules in relation to appeal, review etc, shall also apply to all consequential matters connected
(1) Notwithstanding anything contained in these rules, the Enquiry Officer may, with the prior approval of disciplinary authority, institute ex-parte proceedings in any case in which he is satisfied that the defaulter cannot be found or that in spite of notice to attend, the defaulter is evading service or refusing to attend without due cause.
(2) The procedure in such ex-parte proceeding shall, as far as possible, conform to the procedure laid down in Rule 16 above provided that the defaulter shall be deemed:
(a) not to have admitted the misconduct contained in the summary of allegations, and
(b) to have entered a plea of not guilty to the charges framed against him :
Provided further that if the accused officer subsequently appears or wants to t
(1) In all departmental enquiries in which the alleged misconduct is such as to merit a major punishment, if proved, the following records shall be kept :
(a) Order Sheet.
(b) A statement summarising the alleged misconduct i.e., the summary of allegations including the list of prosecution witnesses/documents.
(c) Statements of P.Ws., if any.
(d) Charge.
(e) Statements of P.Ws., and court witnesses, if any.
(f) Statements of the accused police officer.
(g) A list of exhibit.
(h) Findings of the Enquiry Officer.
11. Added vide No
(1) Officers conducting departmental enquiries are not bound to follow the provision of the Code of Criminal Procedure or Indian Evidence Act. They may admit any evidence which they consider relevant and should exclude evidence which is irrelevant to the charge specified under the enquiry or which is introduced merely to prejudice the opposite party or to claud the issues.
Discipline must be maintained during the proceedings of departmental enquiries. Refusal of an accused police officer to answer questions, inordinate delay in producing his defence, insubordinate behaviour before the Enquiry Officer or intemperate or impertinent questioning of superior officers by an accused officer, are, inaddition to being contrary to the spirit of the rules for the conduct of departmental enquiries, entirely contrary to the requirement of discipline and shall be treated accordingly.
Prosecution witness summoned in departmental enquiries shall be entitled to journey expenses, and if detained for more than twelve hours, to suitable daily allowance. Such expenditure, in the case of witnesses who are net government servants, shall be paid out of the allotment "Rewards to private persons" at rates equivalent to judicial scales prevalent in Delhi Judicial Courts.
(1) Appeals shall lie against orders of dismissal or removal from service, reduction in rank or pay, forfeiture of service, fine not exceeding one months pay, withholding of increment and censure.
(2) There shall be only appeal from the original order and the order of the appellate authority shall be final.
(3) A copy of the original order appealable shall be supplied to the person concerned free of cost.
(4) Any person wishing to make an appeal under sub-rule (1) may apply to the disciplinary authority for a copy of the complete record, or any portion thereof, for the purpose of filing an appeal. Copies of the record of preliminary enquiry shall not be given to the accused officer for the purpose of appeal except where the record of preliminary enquiry also forms part of the departmental proc
(1) Appeals against punishments shall be made through the Deputy Commissioner of Police of the District or unit in which the appellant is/ was serving.
(2) Every appeal shall set forth the grounds and shall be accompanied by a copy of order of the disciplinary authority.
(3) An appeal which is not filed within 30 days of the date of receipt of the original order, exclusive of the time taken to obtain the copy of the record, shall be barred by limitation. The appellant authority may, however, accept an appeal which is barred by limitation, if in his opinion the delay occurred due to circumstances beyond the control of the appellant. If there are reasons to believe that an officer is evading receipt of an order, the period of one month shall be counted from the date of despatch of the order by the registered post acknowledgment due.
(1) On appeal, the appellate authority may,
(a) confirm the impugned order, or
(b) accept the appeal and set aside punishment order, or
(c) reduce the punishment, or
(d) disagree with the disciplinary authority and enhance the punishment after issue of a fresh show cause notice to the appellant and affording him a reasonable opportunity (including personal hearing, if asked for) against the proposed enhancement.
(e) 1 remit the case to the authority which made the order or to any other authority to make such further enquiry as it may consider proper in the circumstances of the case; or
(f) pass such other orders as it may deem fit.
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A Government servant whose appeal has been rejected will not be entitled to file a second appeal. Such Government servant may, however, file a revision within a month of receipt of appellate orders by him to the authority superior to the appellate authority on grounds of material irregularity or illegality in the proceedings provided that no application for revision of an order of the Lt. Governor shall lie. The revisioner authority thereupon :
(i) Confirm or modify the impugned order; or
(ii) accept the revision petition and set aside the order of the appellate authority; or
(iii) reduce the punishment; or
(iv) impose any penalty where no penalty has been imposed; or
(v) disagree with the disciplinary/a
The Commissioner of Police, an Addl. Commissioner of Police; Dy. Commissioners of Police and Addl. Dy. Commissioners of Police; Principal, Police Training School or College or any other officer of equivalent rank may at any time call for the records of awards made by any of his subordinate either on his own motion or otherwise and confirm, enhance, modify or annul the same or make further investigation or direct such to be made before passing orders :
Provided that no action under this sub-rule shall be initiated more than 6 months after the date of the order sought to be reviewed except with the prior approval of the Lt. Governor, Delhi.
(ii) If an award of dismissal or removal from service is annuled, the officer annuling it shall state whether it is to be recorded as suspension followed by re-instatement or not. The order shall also
The Lt. Governor may at any time on his own motion or otherwise call for the records of any case decided by the Commissioner of Police and confirm, modify, or annul the order forced in it.]
(1) Officers of the rank of an Assistant Commissioner of Police and above are authorised to suspend all police officers of subordinate rank. Inspectors of police can suspend any police officer below the rank of Sub-Inspector. The suspension of an upper subordinate shall be immediately reported to the Deputy/Additional Commissioner of Police.
(2) An officer shall be released from suspension only by the gazetted officer empowered to punish/appoint him.
11. Added vide Notification No. F-5/132/81-Home (P) Estt. dated 22nd July, 1988.
(3)
(i) During the term of such suspension, the powers, functions and privileges vested in him as a Police Officer shall be in abeyance but he shall continue to be subject to the same responsibilities discipline and penalt
A police officer whose conduct is under departmental enquiry shall ordinarily be placed under suspension only :
(a) When it appears likely that the charge framed will, if proved, render him liable to dismissal or removal from service, or
(b) When the nature of accusation against him is such that his remaining on duty is prejudicial to the public interest or detrimental to investigation into the accusations. A report of all suspensions and re-instatements shall be submitted to the Additional Commissioner of Police and others concerned.
(c) When a punishment of dismissal or removal from service awarded to a police officer under suspension is set aside, in appeal under these Rules and the case is remained for further enquiry or action, or with any other directions, the order of his suspension sh
The cases of suspension during pendency of criminal proceedings or proceedings for arrest, for debt or during detention under a law providing for preventive detention shall be dealt with in the following manner :
(a) A police officer of subordinate rank who is detained in custody under any law providing for preventive detention or as a result of a proceeding on a criminal charge shall, if the period of detention exceeds 48 hours and unless he is already under suspension from the date of detention, be deemed to be under suspension from the date of detention until further orders. A police officer of subordinate rank who is undergoing a sentence of imprisonment, shall be dealt with in the same manner pending decision on the disciplinary action to be taken against him.
(b) A police officer of subordinate rank against whom a proceeding has b
(1) If a prisoner escapes or is rescued from police custody, the police officer immediately responsible, shall forthwith be suspended from duty. A searching departmental enquiry shall at once be held by or under the orders of the Deputy Commissioner of Police. The object of this enquiry shall be the elucidation of all circumstances connected with the escape or rescue and the determination of issue whether the escape or rescue could have been prevented by the exercise of such vigilance and courage on the part of the Police Officer immediately responsible as might reasonably have been expected, and whether it was rendered possible or facilitated by any neglect or omission of duty on the part of any superior police officer.
(2) On the conclusion of enquiry, if the Deputy Commissioner of Police finds that no misconduct is attached to the Police officers or officer suspended, he shall r
(1) A Police officer under suspension shall be given a subsistence grant in accordance with rules and orders issued by the Government of India from time to time. If a police officer is reinstated on enquiry or trial or an appeal, the grant of pay and allowances including subsistence grant shall also be made in accordance with such rules and orders on the subject.
(2) The officers of and above the rank of Deputy Commissioner of Police shall be the competent authority for granting subsistence grants to enrolled police officers under suspension.
Every police officer of subordinate rank on leaving service in the Delhi Police whether as a measure of penalty or on acceptance of resignation shall be given by the appointing authority a discharge certificate in the form at Annexure A as laid down in Section 25(8) of the Delhi Police Act, 1978.
Should any dispute arise over the interpretation of any of the provisions of these Rules, the decision of the Administrator, Delhi, shall be final.
With the coming into force of these rules, the corresponding provisions contained in Punjab Police Rules, relating to status and treatment of officer under suspension shall stand suspended and these rules shall operate and be in force subject to the provisions as contained in the provisions to sub-sections (1) and (2) of section 149 of the Delhi Police Act, 1978.
ANNEXURE A
Police Department
Delhi
DISCHARGE CERTIFICATE
PART I
DESCRIPTIVE ROLL
(i) Range/Constabulary No.
(ii) Name & Parentage (with surname, if any)
(iii) Full permanent residential address..
(iv) Present Address..
(v) HeightCMs.
(vi) Date of birth (in words)
(vii) Age on date of dismissal/removal/resignation Years Months Days
retirement from se
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