865. Proceedings based on a conviction. [§7, Act V, 1861, read §243 of the Government of India Act, 1935).
- When a police officer is to be dismissed or some departmental punishment is intended to be awarded to him on the basis of a charge for which the officer has already been with tried and convicted in a Court, or found guilty by a commission whose finding has been accepted by the Provincial Government, it shall be sufficient in the departmental proceedings to supply a copy of the judgment of the Court, or findings of the commission, the reasons for dismissal or punishment and the record of the previous character of the offender. Such proceedings shall not be instituted until the final appeal, if any, against the order of conviction has been heard, or the period of limitation for such appeal has expired.NOTE. - In the case of strictures expressed by a Court of Sessions or a Special Tribunal or the High Court, if the Judge or Judges record the opinion that a special enquiry is necessary, such enquiry shall be publicly conducted by a commission of two officers, of whom one has had judicial experience and neither belongs to the Police Department.In cases where a Court of Sessions or a Special Tribunal or the High Court has expressed strictures but has not definitely recorded its opinion that a special enquiry is necessary, the Inspector-General should he consider it necessary, may move the Provincial Government for the appointment of a commission.
