Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com BOMBAY POLICE (Punishments and Appeals) RULES, 1956 CONTENTS 1. Rule 2. Rule 3. Rule 4. Rule 5. Rule 6. Rule 7. Rule 8. Rule 9. Rule 10. Rule 11. Rule 12. Rule 13. Rule 14. Rule 15. Rule 16. Rule 16A. Rule 16B. Rule 17. Rule 18. Rule 19. Rule 20. Rule SCHEDULE 1 :- Schedule BOMBAY POLICE (Punishments and Appeals) RULES, 1956 In exercise of the powers conferred by clause (c) of sub-section (2) of section 25 read with section 5(b) of the Bombay Police Act, 1951 (Bom. XXII of 1951), the Government of the Bombay is pleased to make the following rules, regulating punishments of Police officers of and below the rank of Inspector of Police in the State of Bombay, and appeals therefrom, namely : 1. Rule :- (1) These rules may be called the Bombay Police (Punishments and Appeals) Rules, 1956. (1-A) They shall extend to the whole State of Bombay. (2) They shall apply to all Police Officers of and below the rank of Inspector in the State of Bombay (hereinafter referred to as the Police Officers). 2. Rule :- No Police Officer to whom these rules apply shall be departmentally punished otherwise than in accordance with the provisions of these rules. 3. Rule :- (1) Without prejudice to the provisions of any law for the time being in force, the following punishments may be imposed upon any Police Officer, namely : (a-1) Recovery from pay of the whole or part of any pecuniary loss caused to Government by negligence or breach of order; (a-2) Suspension; (i) Reduction in rank, grade or pay or removal from any office of distinction or withdrawal of any special emoluments; (i-a) Compulsory Retirement; (ii) Removal from service which does not disqualify from future employment in any department other than the Police Department; (iii) Dismissal which disqualifies from future employment in Government Service. (1-A) (i) The appointing authority or any authority to which it is sub-ordinate or any other authority empowered by the State Government in this behalf may place a Police Officer under suspension where:- (a) an inquiry into his conduct is contemplated or is pending, or (b) a complaint against him of any criminal offence is under investigation or trial : Provided that where the order of suspension is made by an authority lower in rank than the appointing authority, such authority shall forthwith report to the appointing authority the circumstances in which the order of suspension was made. Explanation-The suspension of a Police Officer under this sub- rule shall not be deemed to be a punishment specified in clause (a 2) of sub-rule (1). (ii) A Police Officer who is detained in custody whether on a criminal charge or otherwise, for a period longer than forty eight hours shall be deemed to have been suspended by the appointing authority under this rule. (iii) An order of suspension under sub-rule (1) may be revoked at any time by the authority making the order or by any authority to which it is subordidate. (2) The following punishments may also be imposed upon any Police Officer if he is guilty of any breach of discipline or misconduct or of any act rendering him unfit for the discharge of his duty which does not require his suspension or dismissal or removal:- (1) Caution. (ii) A reprimand (to be entered in the service book) (iii) Extra drill. (iv) Fine not exceeding one month's pay. (v) Stoppage of increments : Provided that- (a) the punishment specified in clause (iii) shall not be imposed upon any officer above the rank of Constable; (b) the punishment referred to in clause (iv) shall not be imposed upon an Inspector. Explanation-For the purposes of this rule.- (1) A Police Officer, officiating in a higher rank at the time of the commission of the default for which he is to be punished, shall be treated as belonging to that higher rank. (2) The reversion of a Police Officer from a higher post held by him in an officiating capacity to his substantive post does not amount to reduction. (3) The discharge of a probationer whether during or at the end of the period of probation on account of his unsustainability for the service does not amount to punishment, (4) The discharge of a temporary police officer on purely administrative grounds does not amount to punishment. 4. Rule :- No punishment specified in clauses (a 1), (a2), (ia), (ii) and (iii) of sub-rule (1) of rule 3 shall be imposed on any Police Officer unless a departmental inquiry into his conduct is held and a note of the inquiry with (he reasons for passing an order imposing the said punishment is made in writing under his signature. 5. Rule :- The officers specified in column 1 of schedule I to these rules shall have power to inflict punishments of the kind specified in column 3 thereof on the officers specified in column 2 thereof, subject to the restrictions laid down in column 4 thereof. 6. Rule :- Every Police Officer on whom any of the punishments specified in clauses (a-1), (a-2), (1), (ia), (ii) and (iii) of sub-rule (1) and in clauses (vii) and (viii) of sub-rule (2) of rule 3 is inflicted shall have a right to appeal to the authority specified under rule 9 against an order of the punishment : Provided that no second appeal shall lie under this rule. 7. Rule :- No appeal shall lie against an order inflicting any of the punishments specified in clauses (i) to (iii) of sub-rule (2) of rule 3. 8. Rule :- Every person preferring an appeal shall do so separately and in his own name. 9. Rule :- (1) The authorities specified in column 2 of schedule II to these rules shall be authorities to which appeals against the orders made by the officers respectively specified them in column 1 of the said schedule shall lie, [* x x x]. (2) Notwithstanding anything contained in this rule, where an appeal is made to any appellate authority other than the State Government or the Inspector General convenience of the appellate or witnesses or officers concerned, of his own motion or otherwise, transfer such appeal for disposal to any other appellate authority competent to entertain the same. 10. Rule :- Every appeal preferred under these rules contain all the material statements and arguments relied on by the appellant and shall contain no disrespectful or improper language and shall be complete in itself It shall be accompanied by a copy of the order appealed against and shall be submitted through the Head of the Office under whom the appellant serves or served. 11. Rule :- Every appeal shall be made within two months of the date on which the appellant was informed of the orders appealed against: Provided that appellate authority may, at its discretion for good reasons shown, extend the period upto six months. 12. Rule :- An appeal may be dismissed if the punishment is a non-appelable one or withheld where it does not comply with any of the requirements hereinbefore mentioned. 13. Rule :- In every case in which an appeal is withheld, the appellant shall be informed of the fact and the reasons therefor. 14. Rule :- No appeal shall lie against the withholding of an appeal by an appellate authority : Provided that where an appeal is withheld on account of failure to comply with the provisions of rule 10, it may be re-submitted in a form which complies with that rule within one month of the date on which the order of withholding was communicated to the appellant. 15. Rule :- The appellate authority shall consider- (a) whether the facts on which the order was based have been established . (b) whether the facts established afford sufficient ground for inflicting punishment; (c) whether the penalty is execessive, adequate or inadequate; and if it thinks necessary may require the authority passing the order to make further inquiry on any point or points specified and shall then pass such order as it thinks just and proper, including the enhancement given, or the awarding of a more severe punishment : Provided that a punishment shall not be enhanced, or more severe punishment awarded, in appeal, unless notice to show cause against such enhancement, or as the case may be, more severe punishment, has been given, and any cause shown thereon considered. 16. Rule :- The authority from whose order an appeal is made under these rules shall give effect to any order made by the appellate authority. [ 16A. Rule :- Wherever an Inquiry Officer, after having heard and recorded the whole or any part of the evidence in an inquiry ceases to exercise jurisdiction therein and is succeeded by another Inquiry Officer who has, and who exercises, such jurisdiction, Inquiry Officer, so succeeding may act on the evidence so recorded by his predecessor o r partly recorded by his predecessor, or partly recorded by himself: Provided that if the succeeding inquiry Officer is of opinion that further examination of the witnesses whose evidence has already been recorded is necessary in the interests of justice, he may recall, examine, cross examine and re-examine any such witnesses.] [ 16B. Rule :- Every application for revision under section 27A of the Act shall be made within a period of 60 days from the date on which the applicant was informed of the order against which such application is made]. 17. Rule :- X x x] 18. Rule :- x x x] 19. Rule :- x x x] 20. Rule :- (1) Any rules corresponding to these rules and in force immediately before the commencement of these rules are hereby repealed: Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of the rules. (2) On the commencement of these rules in the Hyderabad, Vidarbha, Saurashtra and Kutch area of the State, the following rules, in so far as they apply to Police Officers of and below the rank of Inspectors or to officers of corresponding rank, that is to say:-- (i) the Hyderabad Civil Services (Classification, Control and Appeal) Rules 1955, as in force in the Hyderabad area of the State, (ii) the Central Provinces and Bearer Police Regulations as in force in the Vidarbha area of the State, (iii) the rules regarding departmental punishment of officers and members of the Police Force, published, in the former Government of Saurashtra, Home Depatrment, Notification No. H/136, dated 19th August 1954, and (iv) the rules made by the Chief Commissioner of the State of Kutch and published in the Chief Commissioner of Kutch Notification No. S. ISO/ 52, dated the 5th November 1954, shall stand repealed; Provided that anything done or any action taken under any of the provisions of the rules so repealed shall in so far as it is not inconsistent with the provisions of these rules, be deemed to have been done or taken under the corresponding provisions of these rules. SCHEDULE 1 Schedule SCHEDULE I Designation of the Rank of the officer who can Kind of punishment which Restrictions subject to which officer specified officer having be punished may be imposed in column I is authorised to punish authority to punish 1 2 3 4 1 2 3 4 I. Districts 1 . Inspector General (1) All officers to whom the All punishments specified in 1 Punishment of extra drill shall be inflicted of Police. Bombay Police (Punishments rule 3 subject to restriction only on Constables. & Appeals) Rules, specified in column 4. 1956, are applicable except Inspectors. (2) Inspectors. All punishments specified in rule 3 except the following: Extra drill, Fine. 2. Deputy Inspector (1) All Office is to whom the All punishments specified in Punishment of extra drill shall be inflicted General of Police. Bombay Police (Punishments rule 3 subject to restrictions only on Constables. In cases where Sub- & Appeals) Rules, specified in column 4. Inspectors have been appointed by the Inspector 1956, are applicable General of Police, the Deputy Inspector except Inspectors. General of Police shall not inflict punishments of compulsory retirement, removal or dismissal. (2) Inspectors Caution and reprimand. 3. District Superintendent (1) Head Constables and All punishments specified in Punishment of extra drill shall be inflicted of Police. Constables. rule 3 subject to restrictions only on Constables. specified in column 4. (2) Sub- Inspectors. All punishments specified in rule 3 except the following: Extra drill, compulsory retirement, l di i l removal, dismissal. Designatjon of the I officer having authority to punish lank of the officer who can be punished 2 Kind of punishment which may be imposed 3 Restrictions subject in which officer specified in column I is authorised to publish 4 4. Assistant Superintendent of Police, Deputy Superintendent of Police. Head Constables Constables Caution, reprimand, fine, stoppage of increment and reduction in rank. Caution, reprimand, extradrill, fine, stoppage of increment and reduction in rank. Punishment of fine, stoppage of increment and reduction in rank should not result in a monetary loss of more than Rs. 10. Punishment of fine, stoppage of increment and reduction in ranks should not result in a monetary loss of more than Rs. 10. II. Area for which a Commissioner of Police has been appointed under section 7 of the Bombay Police Act, 1951 1. Inspector- General of Police. (1) All officers to whom the Bombay Police (Punishments & Appeals) Rules, 1956, are applicable except Inspectors (2) Inspectors All punishments specified in rule 3 subject to restrictions specified in column 4. All punishments specified in rule 3 except the following: Extra drill, Fine. Punishments of extra drill shall be inflicted only on Constables. 2. Commissioner of Police (1) All officers to whom the Bombay Police (Punishments & Appeals) Rules, 1956, are applicable except Inspectors. All punishments specified in rule 3 subject to restrictions specified in column 4. Punishment of extra drill shall be inflicted only on Constables. In cases where Sub- Inspectors have been appointed by the Inspector General of Police, the Commissioner of Police shall not inflict the punishments of compulsory retirement, removal or dismissal. (2) Inspectors All Punishments specified in rule 3 (2) Inspectors except the following: Extra drill, Fine. 3. Deputy Commissioners of Police or Assistant Commissioner of Police. (1) All officers to whom the Bombay Police (Punishment & Appeals Rules, 1956, are applicable except Inspectors. (2) Inspectors All punishments specified in rule 3 subject to restriction specified in column 4 Caution and reprimand Punishment of extra drill shall be inflicted only on Constables [ x x x] 4. Superintendent of Police. (1) Head Constables. (2) Constables. The punishments specified in clauses (i) and (ii) of sub-rule (2) of rule 3. In cases where defaulters were appointed by the Commissioner of Police or the Inspector General o/ Police, the Deputy Commissioner of Police or the Assistant Commissioner of Police shall not inflict punishment of compulsory retirement, removal or dismissal. III. Central Police Training School Junagadh and Training School, Baroda 1. Inspector- General of Police. (1) All officers to whom the Bombay Police (Punishments & Appeals) Rules, 1956, are applicable. All punishments specified in rule 3 subject to restrictions specified in column 4. Punishment of extra drill shall oe inflicted only on Constables. (2) Inspectors. All punishments specified in rule 3 except the following: Extra drill, fine. 2. Deputy Inspector- General of (1) All officers to whom the Bombay Police (Punishments & Appeals) All punishments specified in rule 3 subject to restrictions Punishment of extra drill shall be inflicted only on Constables. In case where Sub- Inspectors have been appointed by the Inspector General of Police, the Police. Rules, 1956, are applicable except Inspector. specified in columu 4. Deputy Inspector General of Police shall not inflict punishments of compulsory retirement, removal or dismissal. Designation of the officer having Rank of the officer who can be punished Kind of punishment which may be imposed Restrictions subject to which officer specified in coumn 1 is authorised to punish 1 2 3 4 3. Principal of the Central Police Training School, Junagadh and Principal Police Training School, Baroda. (2) Inspectors (1) Head Constables and Constables. Caution, reprimand & reduction All punishments specified in rule 3 subject to restrictions specified in column 4. Punishment of extra drill shall be inflicted only on Constables. (2) Sub- Inspectors All punishment, specified in rule 3 except the following : Extra dril, compulsory retirement, removal, dismissal. IV. Police Motor Transport System A District 1. Inspector General of Police. (1) All officers to whom the Bombay Police (Punishments & Appeals) Rules, 1936, are applicable except Inspectors. All punishments specified in rule 3 subject to restrictions specified in column 4. Punishment of extra drill shall be inflicted only on Constables. (2) Inspectors All punishments specified in rule 3 except the following :- Extra drill, fine. (1) All officers to whom the Bombay Police Punishment of extra drill shall be inflicted only on Constables. In cases where sub- Inspectors have been 2. Deputy Inspector General of Police. (Punishments & Appeals) Rules 1956, are applicable except Inspectors. All punishments specified in rule 3 subject to restrictions specified in column 4. appointed by Inspector Central of Police, the Deputy Inspector- General of Police shall not inflict punishments of compulsory retirement, removal or dismissal. (1) Inspectors Caution, reprimand and reduction. 3. Superintendent of Police, Police Motor Transport, Poona, or the District Superintendent of Police. (1) Head Constable and Constables (2) Sub- Inspectors All punishments specified in rule 3 subject to restrictions specified in column 4. All punishment specified in rule 2 except the following: Extra drill, compulsory retirement, removal or dismissal. Punishment of extra drill shall be inflicted only on Constables. B Area for which a Commissioner of Police has been appointed under section 7 of the Bombay Police Act, 1951 1. Inspector General of Police. (1) All officers to whom the Bombay Police (Punishments & Appeals) Rules 1956, are applicable except Inspectors. (2) Inspectors All punishment specified in rule 3 subject to, restrictions specified in column 4. All punishments specified in rule 3 except the following: Extra drill fine. Punishment of extra drill shall be inflicted, only on Constables. 2. Commissioner of Police. (1) All officers to whom the Bombay Police (Punishments & Appeals) Rules 1956, are applicable except Inspectors. All punishment specified in rule 3 subject to restrictions specified in column 4. Punishments of extra drill shall be inflicted only on Constables. In cases where Sub- Inspectors have been appointed by the Inspector-General of Police, the Commissioner of Police shall not inflict the punishment of compulsory retirement, removal or dismissal. (2) Inspectors. All punishments specified in rule 3 except the following: Extra drill fine. 3. Deputy Commissioner of Police or Assistant Commissioner of Police. (1) All officers to whom the Bombay Police (Punishments & Appeals) Rules 1956, are applicable except Inspectors: All punishments specified in rule 3 subject to restrictions specified in column 4. Punishment of extra drill shall be inflicted only on Constables. In cases where defaulters were appointed by the Commissioner of Police or the Inspector General of Police, the Deputy Commissioner of Police or the Assistant Commissioner Designation of the officer having authority to punish Rank of the officer who can be punished Kind of punishment which may be imposed Restrictions subject to which officer specified in column I is authorised to punish of Police shall not inflict punishment of compulsory retirement, removal or dismissal. (2) Inspectors Caution and reprimand V. Police Wireless System A. Districts 1. Inspector Genera of Police. 1 (1) All officers to whom the Bombay Police (Punishments & Appeals) Rules, 1956, are Applicable, except Inspectors. All punishment specified in rule 3 subject to restrictions specified in column 4. Punishment of extra drill shall be inflicted only on Constables. (2) Inspectors. All punishments specified in rule 3 except the following: Extra drill, fine. (1) All officers to whom the Punishments of extra drill shall be inflicted only on Constables. In cases where Sub- 2. Deputy Inspectors General of Police Bombay Police (Punishments & Appeals) Rules, 1956, are applicable, except Inspectors. All punishments specified in column 3 subject to restrictions specified in column 4 Inspectors have been appointed by the Inspector-General of Police, the Deputy Inspector General of Police shall not inflict punishments of compulsory retirement, removal or dismissal. (2) Inspectors Caution, reprimand and reduction. 3. Superintendent of Police, Wireless, Poona, or the District Superintendent of Police. (1) Sub- Inspectors All punishments specified in rule 3 except the followings: -Extra drill, compulsory retirement, removal, dismissal. (2) Head Constables All punishments specified in rule 3 except extra drill (3) Constables All punishments specified in rule 3. VI Criminal Investigation Department 1. Inspector General of Police. (1) All Police officer to whom the Bombay Police (Punishment and Appeals) Rules, 1956 are applicable except In spectors. (2) Inspectors All punishment specified in rule 3 subject to restrictions specified in column 4. All punishments specified in rule 3 except the extra drill. Punishment of extra drill shall be inflicted only on constables. 2. Deputy Inspector General of All Police officers to whom the Bombay Police (Punishments and Appeals) All punishments specified in rule 3 subject to restrictions Punishment of extra drill shall be inflicted only on constables. In case where Sub- Inspectors have been appointed by the Inspector General of Police, the Deputy Inspector General of Police C.I.D. Rules, 1956 are applicable except Inspectors. specified in col. 4. Police shall inflict punishment, of compulsory retirement, removal or dismissal on not them. 3. Superintendent of Police, Criminal Investigation Department (1) Inspectors (2) Sub- Inspectors Caution reprimand and redaction All punishments specified in rule 3 except the following namely: Extra drill, compulsory retirement, removal and dismissal. (3) Head Constables and Constables. All punishments specified in rule 3 subject to restrictions specified in Col. 4 Punishments of extra drill shall be inflicted only on constables. B. Area for which a Commissioner of Police has teen appointed under section 7 of the Bombay Police Act, 1951 1 . Inspector General of Police. (1) All officers to whom the Bombay Police (Punishments & Appeals) Rules, 1956, are applicable except Inspectors. All punishments specified in rule 3 subject to restrictions specifi ed in column 4. Punishment of extra drill shall be inflicted only on Constables. (2) Inspectors. All punishments specified in rule 3 except the following: - Extra drill fine. 2. Commissioner of Police, Bombay. (1) All officers to whom the Bombay Police (Punishments & Appeals) Rules, 1956, are applicable except Inspectors. All punishment specified in rule 3 subject to restrictions specified in column 4. Punishment of extra drill shall be inflicted only on Constables. In cases where Sub- Inspectors have been appointed by the Inspector 'General of Police, the Commissioner of Police shall inflict the punishment of Compulsory retirement, removal or dismissal. (2) Inspectors All punishment specified in rule 3 except 4 be following:- Extra drill, fine. 3. Deputy Commissioner of Police or Assistant Commissioner of Police, Bombay. (1) All officers to whom the Bombay Police Punishments & Appeals) Rules, 1956 are applicable except Inspectors. All punishments specified in rule 3 subject to restriction specified in column 4. Punishment of extra drill shall be inflicted only on Constables. In cases where the defaulters have been appointed by the Inspector General of Police, the Commissioner of Police, Bombay, the Deputy Inspector- General of Police, the Deputy Commissioner of Police, or Assistant Commissioner of Police shall not inflict punishment of compulsory retirement, removal or dismissal. (2) Inspectors Caution and reprimand.