1 THE UTTAR PRADESH POLICE OFFICERS OF THE SUBORDINATERANKS (PUNISHMENT AND APPEAL) RULES, 1991 Amended by Notification No. 1214/VI-Pu-2-09-1000(15)-72, dated June 29, 2009 (First Amendment) Notification No. 1505/Chh-Pu-2-2013-1000(15)-72, dated September 09, 2013 (Second Amendment) Notification No. 8/2018/1462/Chh-Pu-2-2018-1000(15)/1972, dated September 28, 2018 (Third Amendment) Notification No. 07/2021/250/Chh-2-2021-1000(15)/1972, dated December 20, 2021 (Fourth Amendment) THE Governor is pleased to order the publication of the following English Translation of notification no. 551/IV-P-2-91-1000 (15)/72, dated March 21, 1991, for general information :
No. 551/IV-P-2-91-1000 (15)/72 Dated Lucknow March 21, 1991 IN exercise of the powers under sub-sections (2) and (3) of section-46 read with section-2 and 7 of the Police Act, 1861 (Act no. 5 of 1861) and all other power enabling him in this behalf and in super session of all existing rules issued in this behalf, the Governor is pleased to make the following rules with a view to regulating the departmental proceedings, punishment and appeals of the police officers of the subordinate ranks of the Uttar Pradesh Police Force :- THE UTTAR PRADESH POLICE OFFICERS OF THE SUBORDINATERANKS (PUNISHMENT AND APPEAL) RULES, 1991
1. Short title and Commencement-(1) These rules may be calledthe Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules-1991.
(2) They shall come into force at once.
2. Application These rules shall apply to all the Police Officersof the Subordinate ranks below the rank of Deputy Superintendent of Police.
3. Definitions-In these rules, unless the context otherwise requires:
(a) "appointing authority" means the authority empowered to make appointments to the post which a Police Officer for the time being holds;
(b) "Government" means the State Government of Uttar Pradesh;
(c) "Governor" means the Governor of Uttar Pradesh ;
(d) "Director-General" means the Director General-cum-Inspector-General of Police, Uttar Pradesh;
(e) "Inspector-General" includes all officers of the rank of Inspector-General of Police- in Uttar Pradesh ;
(f) "Deputy Inspector-General" means the Deputy Inspector-General of Police and officers of the equivalent rank;
(g) "Police Officer" means police officer of the sub ordinate ranks, below the rank of Deputy Superintendent of police.
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4. Punishment-(1) The following punishments may, for good and sufficient reasons and as hereinafter provided, be imposed upon a Police Officer, namely:-
(a) Major Penalties:-
(i) Dismissal from service.
(ii) Removal from service.
(iii) Reduction in rank including reduction to a lower scale or to a lower stage in a time scale.
1[(b) Minor penalties:-
(i) With-holding of promotion.
(ii) Fine not exceeding one month's pay.
(iii) With-holding of increment, including stoppage at an efficiency bar.
(iv) Censure
(v) Any pecuniary loss caused to the Government by neglect or violation of orders to be recovered from the salary in whole or in part.]
(2) In addition to the punishments mentioned in sub-rule (1) Head Constables and Constables may also be inflicted with the following punishments:-
(i) Confinement to quarters (this term includes confinement to Quarter Guard for a term not exceeding fifteen days extra guard or other duty).
(ii) Punishment Drill not exceeding fifteen days.
(iii) Extra guard duty not exceeding seven days.
(iv) Deprivation of good conduct pay.
(3) In addition to the punishments mentioned in sub-rules (1)and (2) Constables may also be punished with Fatique duty, which shall be restricted to the following tasks:
(i) Tent pitching;
(ii) Drain digging;
(iii) Cutting grass, cleaning jungle and picking stones from parade grounds;
(iv) Repairing huts and butts and similar work in the lines :
(v) Cleaning Arms.
5. Procedure for award of Punishment-(1) The cases in whichmajor punishments enumerated in clause (a) of sub-rule (1) of Rule-4may be awarded, shall be dealt with in accordance with the procedure laid down in sub-rule (1) of rule-14.
1. Substituted by Rule 2 of Notification No. 1505/Chh-Pu-2-2013-1000(15)-72, dated September 09, 2013 (Second Amendment) 3
(2) The cases in which minor punishments enumerated in clause (b)of sub-rule (1) of rule- 4 may be awarded, shall be dealt with in accordance with the procedure laid down in sub-rule (2) of rule-14.
(3) The cases in which minor penalties mentioned in sub-rules (2)and (3) of rule-4 may be awarded shall be dealt with in accordance with the procedure laid down in rule-15.
6. Place of enquiry-An enquiry against a police officer may be held either in the district in which the act or omission regarding which enquiry is proposed to be made, took place or where the police officer may be posted at the time of institution of the Inquiry.
7. Powers of punishment-(1) The Government or any officer of police department not below the rank of the Deputy Inspector-General may award any of the punishments mentioned in rule-4 on any police officer.
(2) The Superintendent of Police may award any of the punishments mentioned in subclause (iii) of clause (a) and clause (b) of sub-rule (1), of rule-4 on Inspectors and Sub-Inspectors.
(3) The Superintendent of Police may award any of the punishments mentioned in rule-4 on such police officers as are below the rank of Sub-Inspectors.
(4) Subject to the provisions contained in these rules all Assistant Superintendents of Police and Deputy Superintendents of Police who have completed two years of service as Assistant Superintendents of Police and Deputy Superintendents of Police as the case may be, may exercise powers of Superintendent of Police except the powers to impose major punishments under rule-4.
(5) Notwithstanding anything contained in these rules Reserve Inspector, Inspector of Station Officer may award the punishments of drill and fatique duty to any constable under his charge for a period not exceeding three days, but he shall inform the Superintendent of Police concerned of his order immediately and in any case within 24 hours of passing the order.
8. Dismissal and removal-(1) No Police Officer shall be dismissed or removed from service by an authority subordinate to the appointing authority.
(2) No police officer shall be dismissed, removed or reduced in rank except after proper inquiry and disciplinary proceedings as contemplated by these rules:
Provided that this rule shall not apply-
(a) 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; or
(b) Where the 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 hold such enquiry: or
(c) Where the. Government is satisfied that in the interest of the security of the State it is not expedient to hold such enquiry.
(3) All orders of dismissal and removal of Head Constables or Constables shall be passed by the Superintendent of Police. Cases in which the Superintendent of Police recommends 4 dismissal or removal of a Sub-Inspector or an Inspector, shall be forwarded to the Deputy Inspector-General concerned for orders.
(4) (a) The punishment for intentionally or negligently allowing a person in police custody or judicial custody to escape shall-be. dismissal unless the punishing authority for reasons to be recorded in writing awards a lesser punishment.
(b) Every officer convicted by the court for an offence involving moral turpitude shall be dismissed unless the punishing authority for reasons to be recorded in writing considers it otherwise.
9. Punishment of reduction-No Police Officer shall be reduced to rank lower than that to which he was originally appointed. An officer may be reduced from his rank to next lower rank or to a lower timescale from any stage in time scale to a lower stage for a specified period.
10. Punishment of withstanding of increment-Every order withholding increment as a punishment shall state the period for which it is withhold and whether it shall have the effect of postponing the future increment as provided in Financial Hand Book, Volume II, part II to IV.
11. Inquiring powers of superior officers-All or any of the functions exercised by Inquiry Officer under these rules may also be exercised by an officer of the police force superior in rank to the Superintendent of Police.
12. Transfer of departmental enquiry-The Director General, Inspector-General and the Deputy Inspector-General or the Superintendent of Police may for reasons to be recorded in writing, either on his own motion or on the request of the Inquiry officer holding the departmental inquiry, transfer the Inquiry to any officer of the Police Force of an equivalent or higher rank.
13. Officer not competent to conduct disciplinary proceedings-A gazetted officer of the Police Force who is either a prosecution witness in the ease or has earlier conducted a preliminary enquiry in that case shall not conduct inquiry in that case under these Rules. In case the said gazetted officer is the Superintendent of Police himself, the Deputy Inspector General concerned shall be moved to transfer the case to some other district or unit as the case may be.
14. Procedure for conducting departmental proceedings.-(1) subject to the provisions contained in these Rules, the departmental proceedings in the cases referred to in sub-rule (1)of rule 5 against the police officers may be conducted in accordance with the procedure laid down in Appendix-I.
(2) Notwithstanding any thing contained in sub-rule (1) punishments in cases referred to in sub-rule (2) of rule 5 may be imposed after informing the police officer in writing of the action proposed to be taken against him and of the imputations of act or omission on which it is proposed to be taken and giving him a reasonable opportunity of making such representation as he may wish to make against the proposal.
(3) The charged police officer shall not be represented by Counsel in any proceedings instituted under these Rules.
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15. Orderly room punishments-Reports of petty breaches of discipline and trifling cases of misconduct by a Police Officer; not above the rank of Head Constable. shall be enquired into and disposed of in orderly room by the Superintendent of Police or other gazetted officer of the Police Force. In such cases punishment may be awarded in as ummary manner after informing the Police officer verbally of the actor ommission on which it is proposed to punish him and giving him an opportunity to make verbal representation. A. register in Form-2 appended to these Rules shall be maintained for such cases. In this Register, text of the summary proceeding shall be recorded.
16. Proceedings in absentia- (1) Departmental proceedings against delinquent police officers may he taken in absentia by the authorities competent to take departmental proceedings if, the police officer, against whom departmental proceedings are pending or against whom it is proposed to start such proceedings or to whom it is impossible for the inquiry officer to contact, deliberately absents himself from the place of his posting or from the proceedings when in progress.
(2) Before taking departmental proceedings in absenția, the concerned authority record in writing that inspire of all reasonable steps having been taken to contact the police officer it has not been possible to serve the charge on him and obtain his explanation or to secure his personal presence.
Explanation-Where the police officer is contacted personally or the charge or the notice is sent to him by registered post at the address given by him as recorded in his character roll and at the place of his present stay, or sent to him by Special Messenger at the place of his present stay, and at the address given by him as recorded in his character roll it shall be presumed that reasonable steps have been taken tocontact the police officer concerned.
17. Suspension-(1) (a) A Police Officer, against whose conduct an enquiry is contemplated, or is proceeding, may be placed under suspension pending the conclusion of the enquiry in the discretion of the appointing authority or by any other authority not below the rank of Superintendent of Police, authorised by him in this behalf.
(b) A Police Officer in respect of or against whom an investigation, enquiry or trial relating to a Criminal charge..is pending may at the discretion of the appointing authority under whom he is serving, be placed under suspension, until the termination of all proceedings relating to that charge, if the charge is connected with his position asa Police Officer or is likely to embarrass him in the discharge of his duties or involves moral turpitude. If the prosecution is instituted by a private person on complaint, the appointing authority may decide whether the circumstances of the case justify the suspension of the accused.
(2) A Police Officer shall be deemed to have been placed, or, asthe case may be, continued to be placed, under suspension by an order of the appointing authority-
(a) with effect from the date of his detention if he is detained in custody whether the detention is on Criminal Charge or otherwise for a period exceeding forty eight hours ;
(b) with effect from the date of his conviction if in the event of a conviction for an offence he is sentenced to a term of imprisonment exceeding forty eight hours and is not forthwith dismissed or removed consequent to such conviction.
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Explanations-The period of forty eight hours referred to in clause (b) of this sub-rule shall be computed from the commencement of the imprisonment after the conviction and for this purpose intermittent periods of imprisonment, if any, shall be taken into account.
(3) Where a penalty of dismissal or removal from; service imposed upon a police officer is set aside in appeal or on review under these rulesand the case is remitted for further inquiry or action or with any other directions-
(a) If he was under suspension immediately before the penalty was awarded to him, the order of his suspension shall, subject to any such directions as aforesaid, be deemed to have-continued in force on and from the date of the original order of dismissal or removal;
(b) If he was not under suspension, he shall, if so directed by the appellate or reviewing authority, be deemed to have been placed under suspension by an order of the appointing authority, on and from the date of the original order of dismissal or removal:
Provided that nothing in this sub-rule shall be construed as effecting the power of the competent authority, in a case where a penalty of dismissal or removal from service imposed upon a police officer is set aside in appeal or on review under these ruleson grounds other than the merits of the allegations on which the said penalty was imposed but the case is not remitted for further inquiry or action or with any directions, to pass an order of suspension pending further inquiry against him on those allegations, so, however, that any such suspension shall not have retrospective effect.
(4) Where a penalty of dismissal or removal from service imposed upon a police officer is set aside or declared or rendered void in consequence of or by a decision of a Court of law and the appointing authority, on a consideration of the circumstances of the case, decides to hold a further inquiry against him on the allegations on which the penalty of dismissal or removal was originally imposed, whether the allegations remain in their original form are clarified or their particulars better specified or any part thereof a minor nature omitted-
(a) if he was under suspension immediately before the penalty was awarded to him, the order of his suspension shall, subject to any direction of the appointing authority, be deemed to have continued in force on and from the date of the original order of dismissal or removal;
(b) if he was not under suspension, he shall, if so directed by the appointing authority, be deemed to have been placed under suspension on and from the date of the original order of dismissal or removal.
(5) (a) Any suspension ordered or deemed to have been ordered or to have continued in force under this rule shall continue to remain in force until it is modified or revoked by any authority specified in sub-rule (1).
(b) Where a police officer is suspended or is deemed to have been suspended whether in connection with any disciplinary proceeding or otherwise and any other disciplinary proceeding is commenced against him during the continuance of that suspension, the authority competent to 7 place him under suspension may for reasons to be recorded by him in writing, direct that the police officer shall continue to be under suspension till the termination of all or any of such proceedings.
(6) Subsidiary Rule 199, Financial Hand Book, Volume II, Part IIto IV, shall cease to apply to the police officers governed by this rule.
18. Strictures by court-Where a court adversely comments the conduct of a police officer, an enquiry shall be made immediately into the points which the court had hold deserving of censure, without waiting for the result of an appeal, if any.
You are further required simultaneously to inform the undersigned in writing whether you desire to be heard in person and, in case you wish to examine or witnesses to submit along with your written statement their names and addresses together with a brief indication of the evidence which each such witness shall be expected to give.
(Signature and designation of Inquiring Officer) (For and on behalf of*) CERTIFIED that the charge has been read over and explained to……………………...
(party charged) in simple Hindi and a copy of the same was handed over to----------------------- Received a copy of charge.
(Signature and Designation of Inquiring Officer) Signature of party charged ---------------------------------------------------------------------------------------------------------------- NOT TO FORM PART OF THE CHARGE Instructions:
(I) The charge sheet should be given to the person concerned and his signature should be taken on a copy of the charge-sheet. If that is not possible, it should be served by registered post.
(II) Each charge should be drawn up precisely and clearly, care being taken to avoid vegueness.
(III) State the act, or commission by the Government servant with as much precisionas possible.
(IV) If the act, or commission can be related to any specific rule or order it shouldbe shown here, if not a general statement like "were there by quilty of dishonesty dereliction of duty" etc. should be.
(V) It is not necessary that the evidence should be set in detail. It is enough to specify the different places evidence which it is proposed to take in to account against the Government 8 servant charged e. g.. statement of so and so or letter or report of so and so, dated such and such.
Care should be taken, however, to see that the evidence cited is exhaustive as no further place of evidence can be considered against the Government servant charged later on, unless he is given fresh notice of it and so also an opportunity to meet it.
FORM-2 (See RULE 15) Proforma of orderly room register Appeal room's register Division Sl.
no.
Name, Designat ion and no. of charged party Offence Date of offence Statement of witnesses and circumstan ces Statement of charged party Directions regarding previous offences and punishmen ts Decision of Superinte ndent or officer in orderly room Order of Superint endent and date Report about executio n of the punishm ent 1 2 3 4 5 6 7 8 9 10
19. Leave during enquiry-Leave may not be granted to a police officer under suspension or against whose enquiry is pending or is contemplated, except on medical certificate signed by the Chief Medical Officer of the district to which the police officer is posted.
20. Appeals - 1[(1) Every Police Officer against whom an order of punishment mentioned in sub-clauses (i) to (iii) of clause (a) and sub-clauses (i) to (iv) of clause (b) of rule 4 shall been titled to prefer an appeal against the order of such punishment to the authority mentioned below:-
(a) to the Police Officer who is the immediate jurisdictional superior authority to the Police officer who passed the order of punishment;
(b) to the Director General of Police who may either .decide the appeal himself or nominate, any Additional Director General for deciding it;
(c) to the State Government against the order passed under clause (b).]
(2) No appeal shall lie against an order inflicting any of the petty punishments enumerated in sub-rules (2) .and (3) of rule 4.
(3) Every officer desiring to prefer an appeal shall do so separately.
(4) Every appeal, preferred under these rules shall contain all material, statements, arguments relied on by the police officers preferring the appeal, and shall be complete in itself, but shall not contain disrespectful or improper language. Every appeal shall be accompanied by a copy of final order which is the subject of appeal.
(5) Every appeal, whether the appellant is still in service of Government or not, shall be submitted through the Superintendent of Police of the district or in the case of police officers not employed in district work through the head of the office to which the appellant belongs or belonged.
1. Substituted by Rule 2 of Notification No. 1214/VI-Pu-2-09-1000(15)-72, dated June 29, 2009 (First Amendment) 9
(6) An appeal will not be entertained unless it is preferred within three months from the date on which the police officer concerned was informed of the order of punishment.:
Provided that the appellate authority may, at his discretion for good cause shown extend the said period up to six months.
(7) If the appeal preferred does not comply with the provisions of sub-rule (4) the appellate authority may require the appellant to comply with the provisions of the said sub-rule within one month of the notice of such order to him and if the appellant fails to make the above compliance the appellate authority may dispose of the appeal in the manner as it deems fit.
(8) The Director-General or an Inspector-General may, for reasons to be recorded in writing, either on his own notion or on request from an appellate authority before whom the appeal is pending transfer the same to any order officer of corresponding rank.
21. Submission of documents with appeal (1) When the appellate authority admits the appeal and sends for the records, all the papers should be submitted, which were considered by the officer against whose order the appeal is made, including, the character roll and service roll of the officer punished.
(2) Copies of orders passed in appeal which are furnished to the Superintendent of Police by the appellate authority shall invariably be accompanied with the departmental punishment file and shall be submitted therewith when the record is called for.
22. Counting of dismissal period-Whore an appeal against the orders of dismissal or removal succeeds, the appointing authority shall consider and make a specific order (i) regarding the period of suspension preceding his dismissal or removal as the case may be, and (ii) whether or not the said period shall be treated as a period spent on duty in accordance with he provisions of Rule 54 of the Financial Hand Book, Vol. II, Parts II to IV.
23. Revisions- 1[(1) An officer whose appeal has been rejected by any authority subordinate to the Government is entitle to submit an application for revision to the superior authority next to the authority which has rejected his appeal within three months from the date of rejection of appeal as mentioned below:-
(a) to the Police Officer who is the immediate jurisdictional superior authority to the Police officer who passed the appellate order.
2[(b) to the Director General of Police who may either decide the revision himself or nominate any Additional Director General for deciding it;]
(c) to the State Government against the order passed under clause (b).
On such an application the powers of revision may be exercised only when, in consequent of flagrant irregularity, the reappears to have been material injustice or miscarriage of justice:
Provided that the revising authority may on its own motion call for and examine the records of any order passed in appeal against which no revision has been preferred
1. Substituted by Rule 3 of Notification No. 1214/VI-Pu-2-09-1000(15)-72, dated June 29, 2009 (First Amendment)
2. Substituted by Rule 2 of Notification No. 8/2018/1462/Chh-Pu-2-2018-1000(15)/1972, dated September 28, 2018 (Third Amendment). Further Substituted by Rule 2 of Notification No. 07/2021/250/Chh-2-2021-1000(15)/1972 dated December 20, 2021 (Fourth Amendment), 10 under this rule for the purposes of satisfying itself as to the legality or propriety of such order, or as to the regularity of such procedure and pass such order with respect thereto as it may think fit:
Provided further that no order, under the first proviso shall be made except after giving the person effected a reasonable opportunity of being heard in the matter.]1
(2) The procedure prescribed for appeal applies also to applications for revision. An application for revision of an order rejecting an appeal shall be accompanied by a copy of the original order as well as the order of appellate authority.
24. Enhancement of punishment-A punishment may be enhanced by :-
(a) an appellate authority on appeal; or
(b) any authority superior to the authority to whom an application will lie, in exercise of revisionary powers:
Provided that before enhancing the punishment such authority shall call upon the officer punished, to show cause why his punishment should not be so enhanced, and that an order by such authority so enhancing a punishment shall, be deemed to be an original order of punishment.
25. Powers of Government-Notwithstanding anything contained in these Rules, the Government may, on its own motion or otherwise, call for and examine the records of any case decided by an authority subordinate to itin the exercise of any power conferred on such authority by these rules, and against which no appeal has boon preferred under these rules and-
(a) confirm, modify or revise the order passed by such authority; or
(b) direct that a further inquiry be held in the case; or
(c) reduce or enhance the penalty imposed by the order; or
(d) make such other order in the case as it may deem fit:
Provided that where it is proposed to enhance the penalty imposed by any such order the police officer concerned shall be given an opportunity of showing cause against the proposed enhancement.
26. Copies of official document-An officer is entitled to receive free of charge one copy of any order against which an appeal, application for revision or petition lies under these rules.
27. Supply of copies of documents on payments-A Police officer is entitled, on payment at the rates to be fixed from time to time by the Government, copies of all papers material to an appeal, application for revision or petition which lies under these rules except confidential papers, the publication of which would be prejudicial to the administration.
NOTE-Officer making reports in punishment cases shall as far as possible,exclude all matter, the publication of which might be prejudicial to the administration.
1. Substituted by Rule 3 of Notification No. 1214/VI-Pu-2-09-1000(15)-72, dated June 29, 2009 (First Amendment) 11 APPENDIX-I PROCEDURE RELATING TO THE CONDUCT OF DEPARTMENTAL PROCEEDINGS AGAINST POLICE OFFICER [See RULB 14(1)] UPON institution of a formal enquiry such police officer against whom the enquiry has been instituted shall be informed in writing of the grounds on which it is proposed to take action and shall be afforded an adequate opportunity of defending himself. The grounds on which it is proposed to take action shall be used in the form of a definite charge or charges a sin Formappended to these Rules which shall be communicated to the charged police officer and which shall be so clear and precise as to give sufficient indication to the charged police officer of the facts and circumstances against him. He shall be required, within a reasonable time, to put in, in a written statement of his defence and to state whether he desires to be honed in person. If he so desires, or if the Inquiry Officer so directs an oral enquiry shall be hold in respect of such of the allegation as are not admitted. At that, enquiry such oral evidence will be recorded as the Inquiry Officer considers necessary. The charge police officer shall be entitled to cross-examine the witnesses, to give evidence in person and to live such witnesses called as he may wish: provided that the Inquiry Officer may, for sufficient reasons to be recorded in writing, refuse to call a witness. The proceedings shall contain a sufficient record of the evidence and statement of the findings and the ground thereof. The Inquiry Officer may also separately from these proceedings make his own recommendation regarding the punishment to be imposed on the charged police officer.
------------- FORM-1 Form of charge to be used in proceedings under section 7 of the Police Act, 1861 Office of the To Dated:199 (Full name and designation of the police officer charged) You are hereby charged as follows:-
(1) that you on (or about)(or between)……………………..and ……………………………dated)while posted as designation (Facts of the case) and hereby committed a breach of rule……………………………………………………… or, were quality of failure to discharge your duty, or etc.
12 Evidence which it proposed to consider in support of the charge- (I) + (II) + (III) +
(2) that you* etc.
(3) that you* etc.
+(to be repeated as many times as there charges) You are hereby required on or before.......................................to put in a written statement of your defence in reply to each of the charges. You are warned that if no such statement is received from you by the undersigned within the time allowed, it will be presumed that you have none to furnish, and order's will be passed in your case accordingly.
By order, ADITYA KUMAR RASTOGI, Sachiv.