888. Petitions by police officers, [§ 12, Act V, 1861].
(a)(i)Officers are forbidden to submit direct to higher authorities petitions complaining against any order of suspension or any award of punishment, short of dismissal or discharge without any pension or allowance, passed either originally or in appeal. Any officer so doing shall be deemed to have committed a breach of discipline and dealt with accordingly.(ii)Petitions complaining against any order of dismissal, or discharge without any pension or allowance passed either originally or in appeal will not normally receive consideration unless they are submitted through the officer against whose order of such dismissal or discharge the petitioner seeks redress.(iii)Officers may, however, submit petitions to any higher authority complaining against any such order or award of punishment and praying for relief and shall present such petitions to the officer whose order or award is complained against and the said officer shall then forward the same to the higher authority. [Seeregulation 176].Note. - "Petition" includes memorials, letters and applications of the nature of petitions.(b)The provisions of this regulation are subject to any rules or orders made by the Central Government or the Provincial Government in respect of representations submitted by recognised associations of servants of the Crown.(c)(i)A petition may be either in manuscript or in print.(ii)Every petition shall be authenticated by the signature of the petitioner.(iii)Every petition, and the documents accompanying it, shall if possible, be in English; if not, they shall be accompanied by an English translation authenticated in the manner provided in (ii) above.(d)Every petition shall-(i)contain all material statements and arguments relied upon by the petitioner;(ii)be complete in itself;(iii)be accompanied by a copy of the order complained against, and by a copy of any order in the case passed by a subordinate authority; and(iv)end with a specific prayer.(e)Petitions, unless addressed to the Governor-General of India, the Secretary of State or His Majesty the King-Emperor, may be withheld by a Superintendent or a Deputy Inspector-General or the Inspector-General to whom they are presented for forwarding to a higher authority, on any of the following grounds:-(i)the petition does not comply in full with the provisions of clauses (c) and (d) of this regulation;(ii)the petition is illegible or unintelligible, or contains language, which is disloyal, disrespectful or improper ;(iii)a previous petition from the petitioner on the same subject has been disposed of and the petition discloses no new facts or circumstances which afford grounds for a reconsideration of the subject;(iv)a petition is an appeal against an appellate order in cases in which no further appeal lies ;(v)the petition is a representation against a decision which is declared to be final by any law or statutory rule ;(vi)the law provides a different or specific remedy in respect of the subject-matter of the petition, whether or not any period of limitation prescribed for the prosecution of such remedy has expired;(vii)the petition is an appeal from a judicial decision :Provided that if the petition -(1)is an appeal from a judicial decision in a case in which the Provincial Government has reserved any discretion of interference;(2)is an appeal from a judicial decision in a suit to which the Provincial Government was a party ; or(3)is a prayer for the suspension or remission of a sentence under Chapter XXIX of the Code of Criminal Procedure ;the petition shall not be withheld unless it falls under sub-clause (xii).(viii)the petition is a mere application for relief, pecuniary or other, which is-(1)presented by a person manifestly possessing no claim or advancing a claim of an obviously unsubstantial character; or(2)so belated that its consideration is clearly impossible ;(ix)the petition is-(1)an application for employment in the service of the Crown not made in pursuance of any rule or announcement regarding applications for such employment ; or(2)a request for exemption from the provisions of any law or rule prescribing the qualifications to be possessed by persons in the service of the Crown, or by persons engaging in any profession or employment;(x)the petition is a representation against the action of a private individual or a body of private individuals regarding the private relations of the petitioner and such individual or body ;(xi)the petition, not being a petition such as is referred to in the proviso to sub-clause (vii), relates to matters in which the petitioner has no direct personal interest;(xii)the petition relates to a subject on which a Superintendent or a Deputy Inspector-General or the Inspector-General is competent to pass orders in appeal, and no such appeal has been made by the petitioner to the appellate authority;(xiii)the petition is a representation against an order communicated to the petitioner more than six months before the submission of the petition, and no satisfactory explanation of the delay is given ;(xiv)the petition is a representation against failure to exercise a discretion vested in the Superintendent or the Deputy Inspector-General or the Inspector-General ;(xv)the petition is a representation relating to an order of the Provincial Government refusing to grant or to recommend-(1)a special pension ;(2)a compassionate pension ; or(3)any pecuniary or other concession to which the petitioner is not entitled under any law or statutory rule ;(xvi)the petition is submitted, otherwise than in accordance with any rule, by a person in the service of the CrOwn with regard to his prospective claim to pension ; or(xvii)the petition is a representation with regard to any matter connected with the official prospects or position of a person in the service of the Crown and is not submitted by such person.(f)Superintendents or Deputy Inspectors-General or the Inspector-General shall, when a petition is withheld, inform the petitioner of the withholding and the reason therefor.(g)A list of applications withheld under this rule shall be submitted quarterly by Superintendents of Police and Commandants to their respective Deputy Inspectors-General in the first week of each quarter in B. P. Form No. 165. The Deputy Inspector-General shall then prepare a consolidated list of applications addressed to the Inspector-General or Government including therein those withheld by himself and submit it to the Inspector-General in the second week of each quarter. Similarly the Inspector-General shall prepare a consolidate list of memorials addressed to Government withheld by himself or his subordinates and submit it to the Home (Police) Department of Government in the third week of each quarter.
