861. Proceedings in cases of major punishment (section 7, Act V, 1861).
(a)No major punishment shall be awarded to any police officer of the subordinate ranks except in proceedings in the prescribed form (B. P. Form No. 164).NOTE. - The provisions of this rule do not apply to proceedings based on a judicial conviction or on the finding of a commission.(b)The grounds on which it is proposed to take action shall be reduced to the form of a definite charge or charges which shall be communicated in writing to the person charged within a reasonable time together with a statement of the-allegations on which each charge is based and of any other circumstances which it is proposed to take into consideration in passing orders on the case.(c)The person charged shall be required to put in within a reasonable time a written statement of his defence and to state whether he desires to be heard in person. If he states that he does not desire to put in a written statement or to be heard in person, this fact shall be recorded in the proceedings. Where the person charged from whom a written statement is so required fails to present the same within the time fixed by the enquiring officer, the enquiring officer may record a finding against him or make such orders in relation to the proceedings as he thinks fit.(d)An oral enquiry shall then be held if the person charged so requires or if the authority who has drawn up the proceedings so directs. At that enquiry oral evidence shall be heard as to such of the allegations as are not admitted and the person charged shall be entitled to cross-examine the witnesses and to have such witnesses called as he may require:Provided that the officer conducting the enquiry may, for special and sufficient reasons to be recorded in writing, refuse to call any such witness. The person charged shall also be allowed to take copies of all evidence both oral and documentary, contained in the proceedings.(e)After the evidence of the witnesses and the further statement, if any, in defence of the person charged have been placed on record, the officer conducting the enquiry shall in writing -(i)discuss separately each charge,(ii)arrive at a finding on each charge, and(iii)make an order or recommend an order to the authority empowered to pass an order. When the enquiring officer belongs to a department other than the police, the proceedings shall always be forwarded to the parent district/unit for final order.NOTE. - In case in which the enquiring officer does not pass the final order and recommends an order to the authority empowered to pass an order, the person charged shall be furnished with a copy of enquiring officer's finding and/or the recommendations of the forwarding authority, so that he may at the personal hearing be in a position to object to or refute anything therein stated which, in his opinion, is incorrect.(f)The authority empowered to pass the orders of punishment shall grant a personal hearing to the person charged if prayed for and then pass the final orders. When the enquiring officer himself passes the final order, no personal hearing is necessary as the person charged is present throughout the enquiry.After the enquiry has been completed and after the punishing authority has arrived at a provisional conclusion in regard to the penalty to be imposed the accused officer shall, if the penalty proposed is dismissal, removal, or reduction in rank, be supplied with a copy of the report of the enquiring officer and be called upon to show cause within a reasonable time not ordinarily exceeding one month against the particular penalty proposed to be inflicted except in the following cases :-(i)where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge;(ii)where an authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to give that person an opportunity of showing cause; or(iii)where the Governor is satisfied that in the interest of the security of the State it is not expedient to give to that person such an opportunity.Explanation. - If any question arises whether it is reasonably practicable to give to any person any opportunity of showing cause against the action proposed to be taken in regard to him, the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank, as the case may be, shall be final.NOTE. - Where the provisional conclusion is different from the finding and recommendation of the enquiring officer grounds for such conclusion shall be recorded.(g)Clauses (c) to (e) shall not apply where the person concerned has absconded, or where for other reasons it is found impracticable to communicate with him.All or any of the said clauses may, in exceptional circumstances, and for special and sufficient reasons to be recorded in writing, be waived by the officer conducting the enquiry where there is a difficulty in observing them and where such clauses can be waived without injustice to the person charged.(h)If an order is made placing a police officer under suspension it shall be entered in the order-sheet and shall state what rate of subsistence allowance may be drawn by him. An order releasing an officer from suspension shall state whether the period under suspension shall count towards service for leave and pension and shall also state what pay and allowances shall be drawn for the period during which he was under suspension, (vide rule 72 of the West Bengal Service Rules, Part I).(i)A copy of the order of punishment shall be entered in the district order book and a copy thereof furnished to the offender, his dated receipt being taken for the order and attached to the proceedings.(j)Proceedings in each year shall be consecutively numbered and the number of the proceedings together with the offence and the punishment shall be recorded in the service book-or roll of the offender.(k)The person affected by such order shall, on his depositing the usual copying fees, be given a copy of the whole record or he may provide his own paper and copyist for the purpose.(l)An order of punishment passed on the advice or with the concurrence of a higher authority shall be treated as an order of that authority.(m)An order of punishment passed in a proceeding shall not be modified or cancelled without the sanction of the appellate authority.(n)No proceedings shall be drawn up against an officer of the rank of Inspector without the sanction of the Deputy Inspector-General except in cases of serious misconduct when a preliminary order of suspension has been passed. In such cases proceedings may be drawn up in anticipation of such sanction.(o)Proceedings against Inspectors and in cases of serious misconduct against officers of and below the rank of Sub-Inspector shall be drawn up by the Superintendent. In other cases proceedings may be drawn up and evidence recorded by an officer not below the rank of Inspector (excluding Armed Inspectors not so empowered) who shall then submit the record to the Superintendent for perusal, examination and issue of orders.NOTE. - Selected Armed Inspectors may be empowered by the Superintendent of Police or by the Commandants of the Armed Police Battalions and the Industrial Area Reserve Force with the prior approval of the Deputy Inspector-General of the Range or the Deputy Inspector-General, Armed Forces, as the case may be, to draw up proceedings and record evidence.(p)With the exception of routine entries in the order-sheet and the recording of the delinquent's "previous character", proceedings shall be written up by the enquiring officer.NOTE. - (i) The enquiring officer shall finish his enquiry with as little delay as possible. As far as possible day to day enquiry shall be held and the enquiry completed and the finding given within a reasonable period. In case of a delinquent being placed under suspension special effort shall be made to expedite completion of enquiry. If the enquiry is prolonged beyond a period of one month and a half from the date of a receipt of the written statement of defence from the delinquent and of his reply stating whether he desires to be heard in person in case of officers under suspensions and two months in other cases, a copy of the order sheet, shall be forwarded to the head of the District/Unit so as to enable him to see why the enquiry could not be completed within the scheduled time. If the Superintendent of Police or the head of the Unit himself conducting the enquiry, the copy of the order sheet shall be forwarded to the Deputy Inspector-General of Police.(ii) The Head of the District/Unit shall pass final orders or make his recommendations to higher authorities within a fortnight of receipt of finding of the enquiring officer, if the punishment to be awarded is other than dismissal, removal or reduction in rank for which the procedure detailed earlier shall be followed.(iii) When more persons than one are proceeded against on the same charge or charges as a result or joint delinquency at the same place and time, it shall be proper for the enquiring officer to hold a joint enquiry in the same proceeding file but each delinquent shall have the right of examining and cross-examining witnesses, submitting written defence and to be heard in person separately.
