858. Powers of punishment. [§7, Act V, 1861, read with §243 of the Government of India Act, 1935].
(a)The following are the powers of officers in regard to punishments :-(1)The Inspector-General may suspend, reduce, dismiss or remove any police officer of or below the rank of Inspector, or award to any such police officer any one or more of the following punishments, namely :-(i)deprivation of approved service increment ;(ii)removal from any office of distinction or special emolument;(iii)entry of black mark against his name according to regulation 874;(iv)censure or reprimand; and(v)confinement to barracks for a term not exceeding 15 days with or without punishment drill, extra guard fatigue or other duty :Provided that the punishments mentioned in sub-clause (v) shall not be awarded to any Inspector, Sergeant, Sub-inspector or Assistant Sub-Inspector nor shall punishment drill be awarded to any head constable or naik.A Deputy Inspector-General has similar power except that in the case of removal or dismissal of Inspectors, he shall forward the proceedings to the Inspector-General for orders.NOTE. - Forfeiture of leave salary under Fundamental Rule 73 and Bengal Service Rule 158 (b), Part I, and deductions from pay on account of loss of or damage to Crown property shall not be treated as punishment.(2)A Superintendent may suspend any Inspector subordinate to him, pending enquiry into his conduct and may award to him the punishment mentioned in (a)(iv) and enter it at his discretion in the officer's service record, reporting every case to the Deputy Inspector-General of the Range, giving details explanatory of the necessity for his action. He may award to any police officer subordinate to him below the rank of Inspector any punishment which may be awarded to such officer by the Inspector-General or Deputy Inspector-General under this regulation. If, after drawing up proceedings against an Inspector, the Superintendent considers that the. offence requires a punishment which he is not empowered to award, he shall record a finding in the proceedings and forward them to the Deputy Inspector-General with his recommendations. The Deputy Inspector-General shall then pass final orders after going through the proceedings, or if he considers that the Inspector should be dismissed or removed from the service, shall forward the proceedings to the Inspector-General for orders.Proceedings against Inspectors involving recommendations of dismissal or removal from the service should be forwarded by the Superintendent direct to the Inspector-General for orders.(3)Any officer-in-charge of a district shall have the power of a Superintendent.(4)An Assistant Superintendent, Deputy Superintendent, or Inspector has been empowered to suspend any Assistant Sub-Inspector, head constable, naik or constable, pending enquiry into his conduct. Assistant and Deputy Superintendents have further been empowered to exercise within the districts to which they are attached the powers of a Superintendent under section 7(b) of the Police Act, 1861, that is, to inflict on head constables, naiks and constables the following punishments :-Confinement to quarters for a term not exceeding 15 days with or without punishment drill, extra guard, fatigue and other duties, subject to the proviso to sub-clause (1) of clause (a).But these powers shall not be exercised in any district by any Assistant or Deputy Superintendent without the general or special permission of the Superintendent to be given in writing.(5)Assistant and Deputy Superintendents in charge of subdivisions and also those Assistant and Deputy Superintendents at headquarters to whom the power may be delegated by Superintendents in writing, are empowered to inflict minor punishments on Sub-Inspectors and officers subordinate to them, and in the case of major punishments, to initiate proceedings and to complete them, except so far as the final order is concerned.(6)Subject to the condition that the powers shall not be exercised in any district without the general or special permission of the Superintendents, to be given in writing, and that there is no Sub-divisional Police Officer, selected Inspectors may be empowered to inflict minor punishments on Assistant Sub-Inspectors, head constables, naiks and constables under them. Such punishments shall be entered in a defaulters' book to be kept by the Inspector in B. P. Form No. 163. Extracts from the register shall be sent from time to time for entry in the Reserve office punishment register.(b)Every order of punishment inflicted by officers referred to in subclauses (5) and (6) of clause (a) shall be put up by the Reserve officer with the delinquent's service book to the Superintendent who shall decide whether in view of the man's previous character, proceedings should be drawn up against him or whether the minor punishment awarded to him requires modification.NOTE. - An officer cannot be dismissed or removed from service, by an authority subordinate to the appointing authority.Prior to 1st March, 1936, Sergeants and Sub-Inspectors were appointed by the Inspector-General, and Assistant Sub-Inspectors were appointed by the Deputy Inspectors-General. Such officers therefore cannot be dismissed or removed from service by the authorities referred to in this regulation but officers appointed substantively to those ranks after 1st March, 1936, may be so dismissed or removed from service.Proceedings against Sub-Inspectors appointed prior to 1st March, 1936, containing recommendations of dismissal or removal from the service should be forwarded by the Superintendent direct to the Inspector-General for orders.
