Section 96 in The Himachal Pradesh Police Act, 2007
96. Functions of District Police Complaints Authority.
- The District Police Complaints Authority shall-(i)forward the complaints of criminal misconduct, received directly by it , to the State Police Complaints Authority for further action;(ii)forward the complaints of other misconduct received by it, made against Non-Gazetted Police Officers, to the District Superintendent of Police, Commandant of Battalion or other disciplinary authority, as the case may be;(iii)forward complaints containing allegations of other misconduct against any Gazetted Police Officer to the State Government, for further action, under intimation to the State Police Complaints Authority;(iv)monitor the status of departmental inquiries initiated on the basis of complaints of misconduct received by it against Non-Gazetted Police Officers, and obtain reports from the District Superintendent of Police, Commandant of Battalion, or other disciplinary authority, with such frequency as may be specified. The authority shall also monitor departmental inquiries against Non-Gazetted Police Officers initiated in the District on the orders of the State Police Complaints Authority;(v)issue appropriate advice to the disciplinary authority concerned, in cases where the original complaint was received by the District Police Complaints Authority, for expeditious completion of inquiry in any case, if, in the opinion of the District Police Complaints Authority, such an inquiry is getting unduly delayed;(vi)call for a report from the disciplinary authority, and issue appropriate advice for further action including, if necessary, a fresh inquiry by another officer, when a complainant, being dissatisfied by an inordinate delay in the process of departmental inquiry into his complaint of misconduct, brings such matter to the notice of the District Police Complaints Authority; and(vii)report to the State Police Complaints Authority cases where departmental inquiry into misconduct in respect of a Non- Gazetted Police Officer is not concluded in time by the Inquiry Officer concerned inspite of the advice of the District Police Complaints Authority to the disciplinary authority:Provided that a District Police Complaints Authority may at any time, for reasons to be recorded in writing, and subject to the directions of the State Police Complaints Authority, decide not to take further action on a complaint of misconduct, if it appears that the complaint is incorrect in material particulars or vexatious or malicious, with the intention of impeding the exercise of lawful authority:Provided further that in case of an intentionally false or vexatious or malicious complaint, the District Police Complaints Authority may recommend to the State Police Complaints Authority, the imposition of a fine not exceeding twenty five thousand rupees as may be deemed appropriate in the circumstances of the case.
