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Showing contexts for: stricture in State (Govt. Of Nct Of Delhi) vs Gurjinder Singh @ Barjinder Singh & Anr. on 21 April, 2014Matching Fragments
29. It is submitted that in the present case there may have been lapses but there were no mala fides or dishonourable intention. The three investigating officers mentioned in paragraph 59 were diligent but were helpless as none of the witnesses had came forward or had disclosed facts. In alternative, it is submitted that may be the first investigating officer ASI Madan Lal (PW-24) was at fault for inaction between 22.05.2009 to 29.05.2009, but the subsequent investigating officers had conducted thorough investigation and had acted with promptitude. Giving benefit of doubt, the respondents have been acquitted by the Trial Court. It is also submitted that before passing strictures, the concerned officers should have been heard and given an opportunity.
"13. Strictures by Court.- 1. In cases in which strictures are made on the conduct of a police officer by a Sessions Court or by a Metropolitan Magistrate's court but no specific recommendation is made by the court making such strictures that an enquiry should be made, the Deputy Commissioner of Police will decide whether an investigation into the matter is necessary. If he decides that investigation shall be made, the procedure for investigation shall be as laid down in Rule 16 below.
2. When strictures on the conduct of a police officer are made by the High Court and are communicated to the Delhi Administration, the appointing authority shall proceed to take action in accordance with the instructions of the Delhi Administration.
3. In cases where serious charges arise from strictures made by criminal courts, the concerned Deputy Commissioner of Police shall initiate necessary disciplinary action against the police officer against whom strictures have been made. In case such proceedings are initiated against an Inspector of Police, information shall be sent to the Additional Commissioner of Police concerned."
31. As per the said Rule, when strictures are passed by a Sessions Court or Metropolitan Magistrate's Court but no specific recommendation is made, the Deputy Commissioner of Police is required to decide whether an investigation into the matter is necessary. If he decides that investigation shall be made, the procedure laid down in Rule 16 follows. Under sub-rule (2) when strictures on the conduct of a police officer are made by the High Court and are communicated to Delhi Administration, the appointing authority is required to proceed to take action in accordance with the instructions of the Delhi Administration. Sub- rule (3) provides that where serious charges arise from strictures made by criminal courts, the concerned Deputy Commissioner of Police shall initiate necessary disciplinary action against the police officer against whom strictures have been made and in case such proceedings are initiated against an Inspector of Police, information shall be sent to the Additional Commissioner of Police concerned.