After rule 4 of the said rules the following shall be inserted, namely:- “4A Disciplinary penalties:- (1) The Government and any prescribed officer may subject to such conditions and restrictions, impose on any member of the Police Force who in the opinion of the Government or the prescribed officer is cruel, perverse, remiss or negligent in the discharge of his duty or unfit for being a member of the Police force or guilty of any breach of discipline or misconduct or for any other sufficient reason, the following penalties, namely:-
(a) (i) Censure;
(ii) With holding of increments or promotion;
(iii) (i) (ii) Recovery from pay of the whole or part of any pecuniary loss caused by negligence or breach of orders to the State Government or to the Central Government, any other State Government, any 3 person, body or authority, to whom the services of the officer had been lent;.
(b) (i) Reduction to a lower service, grade or post, or to a lower time scale; or to a lower stage in a time scale;
(ii) Compulsory retirement;
(iii) Removal from service without disqualification for future employment;
(iv) Dismissal from service with disqualification for future employment;
(c) (i) Entry of a black mark against his name in prescribed manner;
(ii) Punishment drill;
(iii) Extra guard, fatigue or other duty;
(iv) Fine:
Provided that, the penalties specified in clause (c) shall not be imposed on any officer of or above the rank of a Sub-Inspector:
Provided further that, the following shall not amount to a penalty within the meaning of this rule:-
(i) Withholding of increments of a Police officer for failure to pass a departmental examination in accordance with the rules or orders governing the service or post or the terms of his appointment.
(ii) Stoppage of a police officer at the efficiency bar in the time-scale on the ground of his unfitness to cross the bar;
(iii) Non-promotion in a substantive capacity of a police officer, after consideration of his case, to a class, grade or post for promotion to which he is eligible;
(iv) Reversion to a lower class, grade or post of a Police Officer in a higher class, grade or post on the ground that he is considered, after trial to be unsuitable for such higher class, grade or post or on administrative grounds unconnected with his conduct (such as the return of the permanent incumbent from leave or deputation availability of a more suitable officer and the like);
(v) Reversion to his permanent class, grade or post of a Police Officer appointed on probation to another class, grade or post during or at the end of the period of probation in accordance with the terms of his appointment or the rules and orders governing probation;
(vi) Compulsory retirement of a police officer in accordance with the provisions relating to his superannuation or retirement;
(vii) Termination of the service:-
(a) Of a person employed under an agreement, in accordance with the terms of such agreement; or
(b) Of a person appointed, otherwise than under an agreement, to hold a temporary appointment on the expiration of the period of the appointment.
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(2) Nothing in sub-rule(1) shall,-
(a) affect any liability of a Police Officer to a criminal prosecution for any offence with which he may be charged;
(b) entitle any authority subordinate to that by which the Police Officer was appointed, to compulsorily retire, remove or dismiss him; or
(c) apply to any member of the Indian Police and the Indian Police Service.
4B Procedure to be observed in awarding punishment:-When any order of punishment has to be passed against a Police Officer under rule 4A(1) such procedure as may be specified by rules shall be followed:
Provided that, no order for reducing, removing or dismissing a Police Officer shall be passed except in accordance with the provision of Article 311 of the Constitution.
4C Appeals and revision:-(1) An appeal against any order passed against a police officer under rule 4A shall lie to the Government or to such officer as the Government may by general or special order specify:
Provided that, no appeal shall lie in case the penalties imposed are those specified in sub-clauses (ii) and (iii) of clause (c) of sub-rule (1) of rule 4A.
(2) The Government may suomotu or otherwise after calling for the records of the case revise any order under rule 4A passed by the Inspector General or any officer subordinate to him, and –
(a) Confirm, modify or set aside the order;
(b) Impose any penalty or set aside, reduce, confirm or enhance the penalty imposed by the order;
(c) Remit the case to the authority which made the order or to any other authority directing such further action or inquiry as it considers proper in the circumstances of the case; or
(d) Pass such other orders as it deems fit;
Provided that,-
(i) An order imposing or enhancing a penalty shall not be passed unless the person concerned has been given an opportunity of making any representation which he may wish to make against such enhanced penalty;
(ii) If the Government proposes to impose any of the penalties specified in clauses
(i) to (iv) of sub-clause(b) of sub-rule (1) of rule 4A in a case where an inquiry has not been held, it shall direct that such inquiry be held and thereafter on consideration of the proceedings of such inquiry and after giving the person concerned an opportunity of making any representation which he may wish to make against such penalty, pass such orders as it may deem fit.