Section 28 in The Delhi Police (Punishment and Appeal) Rules, 1980
28. Suspension in judicial cases.
- The cases o 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 exceed 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 been taken on a criminal charge but who is not actually detained in custody (e.g. a person released on bail) may be placed under suspension by an order of appointing authority. If the charge is connected with the official position of the Government servant or involves any moral turpitude on his part, suspension shall be ordered under this rule unless there are exceptional reasons for not adopting this course. In the latter case permission of the next higher authority for not suspending the individual concerned shall be obtained.(c)A police officer of subordinate rank against whom a proceeding has been taken for arrest for debt but who is not actually detained in custody may be placed under suspension by an order of appointing authority only if a disciplinary proceeding against him is contemplated.(d)When a police officer of subordinate rank who is deemed to be under suspension in the circumstances mentioned in clause (a) or who is suspended in circumstances mentioned in clause (b), is reinstated without taking disciplinary proceedings against him his pay and allowances for the period of suspension will be regulated under the relevant Rules.
