Section 87 in The Himachal Pradesh Police Act, 2007
87. Breaches of discipline and disciplinary misconduct by a Police Officer.
(1)Whoever, being a Police Officer-(i)knowingly contravenes or fails to follow the provisions of any law or any rule or instruction made thereunder, in the discharge of his official duties, with the intention of giving undue benefit or causing harm to any person; or(ii)knowingly disobeys a lawful direction of his official superior or of a public servant empowered to issue directions, with the intention of giving undue benefit or causing harm to any person; or(iii)exhibits cowardice in the line of duty; or(iv)abdicates duties or withdraws from duty in contravention of the provisions of this Act; or(v)is grossly insubordinate to a superior Police Officer ; or(vi)engages himself or participates in any demonstration, procession or strike, or resorts to, or in any way abets, any form of strike or coercion to compel any authority to concede anything; or(vii)commits any other service misconduct;shall be deemed to have breached service discipline and shall be liable to be punished for conduct unbecoming of a Police Officer by a disciplinary authority in accordance with the provisions of this Act and relevant conduct rules.(2)The State Government, having regard to the nature of misconduct, may by notification published in the Official Gazette, classify the "major" and "minor" misconducts for which any of the following penalties shall respectively be awarded, namely:-(I)Major Penalties-(a)Dismissal from service; or(b)Removal from service; or(c)Compulsory retirement; or(d)Reduction in rank; provided that such reduction shall not be to a rank below the rank in which such officer was recruited:Provided that a Police Officer who has been sentenced by a criminal court of law to imprisonment exceeding one month or whose misconduct is of the gravest nature, including-(i)spying or anti-national activities; or(ii)damaging public infrastructure or public property; or(iii)causing indiscipline amongst fellow policemen or going on strike, mass causal leave or resorting to mass abstention; or(iv)promoting enmity between various classes of society or causing riots etc; or(v)negligence or connivance in escape of a prisoner in lawful custody; or(vi)corruption or perjury ; or(vii)such other major misconduct as the State Government may, having regard to its nature, declare to be misconduct of the gravest nature;shall be awarded the penalty of dismissal from service; and(II)Minor Penalties:-(a)reduction in pay by upto 3 stages in the timescale for a period not exceeding 3 years; or(b)withholding of increments for upto 3 years ; or(c)fine not exceeding one month's pay; or(d)reprimand or censure; or(e)fatigue drill.
