Section 28(a) in Police Regulations, Bengal , 1943
(a)When a Court of Sessions or a Court of superior status has in a judgment criticised the conduct of a police officer and has recorded its opinion that a special inquiry is necessary -(i)the District Magistrate may institute criminal proceedings forthwith if. in his opinion, there is sufficient evidence already available;(ii)otherwise, he should move the Provincial Government through the Commissioner to appoint a commission of two officers for publicly conducting such an inquiry; and(iii)in either event a preliminary departmental inquiry shall be held immediately by a police officer of superior rank with the object of collecting, collating and preparing all the available evidence for the criminal prosecution or the special inquiry.
