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State of Maharashtra - Section

Section 25 in Maharashtra Police Act

25. Punishment of the members of the subordinate ranks of the Police Force departmentally for neglect of duty, etc.

(1)The State Government or any officer authorised under sub-section (2), in that behalf, may impose upon an Inspector or any member of the subordinate ranks of the Police Force, who in the opinion of the State Government or such authorised officer, is cruel, perverse, remiss or negligent in, or unfit for, the discharge of his duties, any one or more of the following penalties, namely:—
(a)recovery from pay of the whole or part of any pecuniary loss caused to Government on account of the negligence or breach of orders on the part of such Inspector or any member of the subordinate rank of the Police Force;
(b)suspension;
(c)reduction in rank, grade or pay, or removal from any office of distinction or withdrawal of any special emoluments;
(d)compulsory retirement;
(e)removal from service which does not disqualify for future employment in any department other than the Police Department;
(f)dismissal which disqualifies for future employment in Government service:
Provided that, suspension of a Police Officer pending an inquiry into his conduct or investigation of a complaint against him of any criminal offence shall not be deemed to be a punishment under clause (b).(1-A) The State Government or any officer authorised under sub-section (2) in that behalf, may impose upon an Inspector or any member of the subordinate ranks of the Police Force, who is guilty of any breach of discipline or misconduct or of any act rendering him unfit for the discharge of his duty which, in the opinion of the State Government or of such authorised officer, is not of such nature as to call for imposition of any of the punishments referred to in sub-section (1), any one or more of the following punishments, namely:—
(a)warning;
(b)a reprimand (to be entered in his service book);
(c)extra drill;
(d)fine not exceeding one month’s pay;
(e)stoppage of increments:
Provided that, the punishment specified,—
(i)in clause (c), shall not be imposed upon any personnel above the rank of Constable;
(ii)in clause (d), shall not be imposed upon an Inspector.
(2)Punitive powers of Director-General and Inspector-General, Commissioner, Deputy Inspector-General (including Director of Police Wireless) and Superintendent and Principal of Training Institution - (a) The Director General and Inspector General including Additional Director General, Special Inspector General, Commissioner including Joint Commissioner, Additional Commissioner and Deputy Inspector General shall have authority to punish an Inspector or any member of the subordinate rank under sub-section (1) or (1-A).A Superintendent shall have the like authority in respect of any Police Officer subordinate to him below the grade of Inspector and shall have powers to suspend an Inspector who, is subordinate to him pending enquiry into a complaint against such Inspector and until an order of the Director General and Inspector General or Additional Director General an Inspector General and (including the Director of Police Wireless) and Deputy Inspector General of Police can be obtained.
(b)The Principal of a Police Training College shall also have the like authority in respect of any member of the subordinate ranks of the Police Force below the grade of Inspector undergoing training at such College or serving under him, and in respect of head constables and constables belonging to the Police Force of the District in which such College is situated or of any other district attached to such College for duty under him. He may also suspend an Inspector who is undergoing training at such College or subordinate to him pending inquiry into a complaint against such Inspector and until an order of the Director-General and Inspector-General or Deputy Inspector-General can be obtained.
(ba)The Principal of a Police Training School shall have the like authority in respect of any member of the subordinate ranks of the Police Force below the grade of an Inspector, undergoing training at such school or serving under him, or attached to such school for duty under him.
(c)The exercise of any power conferred by this sub-section shall be subject always to such rules and orders as may be made by the State Government in that behalf.
(3)Nothing in sub-sections (1), (1A) and (2)—
(a)shall affect any Police officer’s liability to a criminal prosecution for any offence with which he may be charged; or
(b)shall entitled any authority subordinate to that by which the Police officer was appointed, to dismiss or remove him.