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State of Sikkim - Section

Section 6 in The Sikkim Police Act, 2008

6. Selection and term of office of the Director General of Police.

(1)The State Government shall appoint the Director General of Police from amongst officers of the Indian Police Service in the State Cadre empanelled for the post and recommended by a three member screening committee headed by the Chief Secretary constituted for the purpose. The Screening Committee shall prepare a panel of at least three suitable persons. Except in the case where the vacancy is unanticipated, the Screening Committee shall make its recommendation before the vacancy arises:Provided that in case the Screening Committee comes to the conclusion, for reason to be recorded in writing, that there being no suitable incumbent available in the State Cadre, it may assess the suitability of empanelled Indian Police Service officers of other State Cadres subject to their willingness and concurrence of the Central Government.
(2)The Screening Committee may device its own procedure and shall consider the names of all empanelled officers of the Indian Police Service in the State Cadre and shall make its assessment on the basis of-
(a)the performance appraisal reports;
(b)the range of experience relevant to professional police work including experience of work in Central Police Organizations;
(c)clean record of service in terms of indictment of the officer in any criminal or disciplinary proceeding or on the grounds of corruption or moral turpitude; and
(d)due weight age being assigned to award of medals for Gallantry, Distinguished and Meritorious services:
Provided that where the Committee finds that no suitable Indian Police Service Officer is available in the State Cadre it shall make its assessment with regard to Indian Police Service officers of other States Cadres, in accordance with the proviso to sub-section (1).
(3)The Director General of Police shall have a minimum tenure of two years subject to his normal date of superannuation:Provided that the Director General of Police may be removed from the post before the expiry of his tenure by the State Government through a written order specifying reasons consequent upon: -
(a)framing of charges in a criminal case by a court of law; or
(b)issue of charge sheet under the provision of All India Services (Discipline and Appeal) Rules or any other relevant rules; or
(c)suspension from service : or
(d)incapacitation by physical or mental illness or otherwise becoming unable to discharge his functions as Director General of Police; or
(e)administrative exigencies, in larger public interest; or
(f)promotion to a higher post under either the State or the Central Government:
Provided further that the officer may be allowed by the State Government to relinquish charge of the post on:-
(i)appointment to a post under the Central Government or an International Organization subject to such officer having given his consent to such a posting or
(ii)resignation or voluntary retirement from service.