FORM No, 10-166(3)

POLICE DEPARTMENT ____________ DISTRICT.

DEPUTY INSPECTOR GENERAL’S BUDGET ESTIMATE OF POLICE LANDS CONTINGENT GRANT FOR THE YEAR 19---------. 19----------.

1	2	3	4	5	6	7	8	9	10	11	12
Serial No.	Name of District	Actual Balance on 1^st April 19 ,*vide Police Lands Fund Cash Book prescribed in rule 10-27(1)(a)	Estimated Balance on 1^st August 19 .	Estimated Receipts for 19 .	Total of columns 4 and 5	Estimated Expenditure for 19 . 19 on		+Total estimated Expenditure for 19 -19 .	Estimated on 31^st March 19 .	Allotment now proposed	Remarks
Serial No.	Name of District		Estimated Balance on 1^st August 19 .	Estimated Receipts for 19 .	Total of columns 4 and 5	Establishment	Contingencies	+Total estimated Expenditure for 19 -19 .	Estimated on 31^st March 19 .	Allotment now proposed	Remarks
		Rs. a. p.	Rs. a. p.	Rs. a. p.	Rs. a. p.	Rs. a. p.	Rs. a. p.	Rs. a. p.	Rs. a. p.	Rs. a. p.

* Debit balance to be shown in red ink.

+ Initial expenditure on sports should be separately shown in this column

Date____________

Superintendent of Police.

The _________________19 .

(STANDARD FORM)

CHAPTER X – Accounts.

This chapter is divided into eight parts—

General Scope,

I Income,

II Payments,

III Cash Book,

IV Salary and Allowances,

V Contingent Charges,

VI Travelling Allowance, and

VII Miscellaneous.

PART I

General Scope

10-1. Authority for the scope of the chapter – (a) The rules in this chapter are founded on the Fundamental Rules, Civil Account Code, Punjab Budget Manual, Punjab Treasury Manual, and Punjab Financial Hand-books. The portions of these volumes, which bear on the keeping of police department accounts, have been quoted, consolidated or adapted to terms of the usage of the department in sufficient fullness to make the chapter an adequate guide to all police officers and clerks in the normal maintenance and check of accounts and receipts and expenditure of Government funds. The original authorities are, however, available in all administrative and district offices, and familiarity with them is required of gazetted officers and clerks of English offices and pay branches; for detailed inspections and in cases of uncertainty the original authorities should always be referred to.

(b) The orders in this chapter do not affect money and property in criminal cases, the instructions regarding which are contained in rule 27-17 et seq.

10-2. Responsibility of Heads of Officers – The following table shows the collecting and disbursing officers under the various minor and sub-heads of the Receipt major head “XXIII-Police” and the Expenditure major and “29-Police” as specified in appendix D of the Punjab Budget Manual:-

Major head

Minor head.

Collecting officer.

Disbursing officer.

XXIII – Police

1. Fees, fines and forfeitures

2. Miscellaneous-

(i) Police Lands receipt.

(ii) Miscellaneous. …

Superintendent of Police

Superintendent of Police, Principal, Police Training School, and Assistant Inspector-General, Government Railway Police

. . .

Major head

Minor head.

Collecting officer.

Disbursing officer.

XXIII – Police

3. (i) Fees for students from Indian States admitted to the Police Training School, Phillaur.

(ii) Contribution from Indian States towards the Finger Print Bureau.

(iii) Leave Salary contribution of officers lent on foreign service.

(iv) Contribution towards passage of Government servants lent to other Government .

(v) Contribution towards passage of Government servants lent on foreign service.

(vi) Recoveries of contribution towards hors, saddlery and uniform allowances of officers lent on foreign service.

(vii) Refunds allowed by the military authorities on account of Ordnance Stores returned to Arsenals.

(viii)Receipts account of additional Police employed under sections 13, 14 and 15 of Police Act V of 1816:-

(a) Police supplied to Public Departments (Police Rule 10-23).

(b) Police supplied to private persons (Police Rule 10-21).

4. Recoveries of over-payments

Principal, Police Training School, Phillaur

Superintendent of Police in charge Finger Print Bureau

Inspector-General of Plolice

Accountant General . .

Superintendent of Police

Superintendents of Police and Assistant Inspector-General, Government Railway Police

Inspector-General, Deputy Inspector-General, Assistant Inspector-General, Government Railway Police, Principal, Police Training School, Phillaur, Superintendents of Police and Superintendent in charge, Finger Print Bureau

. . .

Major head

Minor head.

Collecting officer.

Disbursing officer.

XXIII – Police

29 – Police

5. Deduct Refunds . .

1. Superintendents

2. District Executive Force -

(i) District Police Force

(ii) Police employed under sections 13, 14 and 15 of Police Act V of 1816

(iii) Other Police . .

3. Police Training School –

. . .

The Collecting officers shown against the minor heads 1 to 6 above are disbursing officer under this head

Inspector-General of Police and Deputy Inspectors-General of Police for their own offices

1. Superintendents of Police

2. Senior Assistant Superintendent of Police, Lahore.

3. Inspector-General of Police inrespect of the units.

I) Traction of prison vans.

II) Purchae of typewriters

III) Purchase of tents

IV) Purchase of bicycles, the grants under which are kept in reserve with him. Also for the reserves under the units “Clothing and “Equipment”.

Ditto

Principal of the Police Training School. The Principal is also a Disbursing officer for the minor heads “District Executive Force”, “Railway Police” and Criminal Investigation Department “ in respect of the Police officers and men under training at the School.

Major head

Minor head.

Collecting officer.

Disbursing officer.

29 – Police

4. Special Police –

(i) Border Military Police

(ii) Baluch Levy

5. Railway Police, North Western Railway

6. Criminal Investigation Department

7. Cattle-pounds

8. Miscellaneous – Other Items

. . .

Commandent and Deputy Commissionder, Dera Ghazi Khan

Ditto

Assistant Inspector-General, Government Railway Police

Deputy Inspector-General of Police, Criminal Investigation Department, Superintendent incharge of the Finger Print Bureau in respect of the grant for the staff of the Bureau.

Deputy Commissioners.

Superintendent of Police, Principal, Police Training School, Deputy Inspector-General of Police, Inspector General of Police.

Note-1 under Article 13(G) of Civil Account Code, Volume 1. These officers personally responsible for the strict observance of correct procedure in regard to the disposal of all money, which is required to be received or disbursed through their offices and for the maintenance of accounts. Subject to the approval of the Deputy Inspector-General, a Superintendent of Police may delegate the duty of supervising accounts to a specified gazetted officer. When such a delegation is made, the treasury officer should be informed officially that the officer has been authorized to sign bills, cheques, etc.; a specimen of his signature being furnished to the treasury. Such delegations do not relieve Superintendents of their ultimate responsibilities as collecting and disbursing officers.

10-3. Definitions – The technical terms in this chapter are used in the sense in which they are defined in the Account Manuals referred to in rule 10-1(a). Those definitions should be understood by all gazetted officers, clerks and accountants. Only a few such definitions, a knowledge of which is required by officers to whom the manuals are not accessible, are reproduced here:-

(a) General definitions.

Average pay means the average monthly pay earned during the 12 complete months immediately preceding the month in which the event occurs, which necessitates the calculation of average pay:

Provided that in the case of a Government servant deputed out of India who draws pay as laid down in rule 51(a), Punjab Financial Handbook No.2, Volume I, his average pay shall be assumed to be the full pay which he would have drawn if no duty in India (Rule 9(2), Punjab Financial Handbook No.2, volume 1).

Compensatory allowance means an allowance granted to meet personal expenditure necessitated by the special circumstances in which duty is performed. It includes a traveling allowance. A compensatory allowance is not taken into account in calculating pension, or leave salary for periods exceeding four months. (Rule 9(5), Punjab Financial Handbook No.2, Volume I, Article 488, Civil Service Regulations, and Rule 14-2, Subsidiary Rules).

Special pay means an addition of the nature of pay, to the emoluments of a post or of a government servant, granted in consideration of :–

(a) the special arduous nature of the duties; or

(b) a specific addition to the work or responsibility; or

Special pay is taken into account in calculating pension and leave salary (Article 486 (j), Civil Service Regulations, and Rule 9-21 (a) (ii) read with rule 87, Fundamental Rules).

Subsistence grant means a monthly grant made to a Government servant, who is not in receipt of pay or leave salary. (rule 9 (27)of the Fundamental Rules.)

(b) Definitions specially applicable to traveling allowance.

Actual traveling expenses means the actual cost of transporting a Government servant with his servants and personal luggage, including charges for ferry and other tolls, and for carriage of camp equipment, if necessary. It does not include charges for hotels, traveller’s bungalows, for refreshments, or for the carriage of stores or conveyance, or for presents to coachmen and the like; or any allowance for such incidental losses or expenses as the breakage of crockery, wear and tear of furniture and the employment of additional servants. (Rule I.I, T.A. Rules.)

Camp equipment means tents and the requisites for pitching and furnishing them, or, where tents are not carried, such articles of camp furniture as it maybe necessary in the interests of the public service for a Government servant to take with him on tour. (Rule I.5, T. A. Rules.)

Chief public officer means-

At the headquarters of a district – The court of the Deputy Commissioner.

At an outpost tahsil – The court of the officer in charge of the outpost or tahisl.

At all other places – The Police station, or, if there be no police station, the post office, or, if there be no post office, the point designated by competent authority. (Rule I.6, T. A. Rules.)

Day means a calendar day, beginning and ending at midnight; but the period occupied by a journey which begins and ends at headquarters and which does not exceed twenty-four hours shall be reckoned for all purposes as one day, at whatever hour the absence begins or ends. (Rule I.9, T. A. Rules.)

Family means a Government servant’s wife, legitimate and step children residing with and wholly dependent upon him. Except in Appendix IO.121 (b) it includes in addition his parents, sisters, and minor brothers, if residing with, and wholly dependent upon him. Not more than one wife is included in a family for the purpose of these rules. (Rule I.( T. A. Rules.)

Inferior Service in the police department includes all constables in respect of traveling allowance only, as their service is in other respects “superior”- and non-enrolled menials such as khalasis, gardeners, chaprasis, bhishties and sweepers. (Serial No,. 16 of Appendix A, Subsidiary Rules.)

Holiday means either a holiday prescribed under the Negotiable Instruments Act or a day on which officers, or a particular office, are ordered by Gazette notification to be closed without reserve or qualification. (Rule I.17, T. A. Rules.)

10-4. Responsibility of drawing and countersigning officers – The following Articles from the Civil Account Code are reproduced for guidance of police officers as to the responsibilities attaching to the signature and countersignature of bills. The rules relate specially to contingent expenditure, but the principles apply to official expenditure generally.

(a) Every public officer should exercise the same vigilances in respect to petty contingent expenses as a person of ordinary prudence would exercise in spending his own money. The drawing officer is further responsible for seeing that the rules regarding the preparation of vouchers are observed, that the money is either required for immediate disbursement or has already been paid from the permanent advance, that the expenditure is within the available appropriation and that all steps have been taken with a view to obtain an additional appropriation, if the original appropriation has either been exceeded or is likely to be exceeded, and that in the case of contract contingencies the proposed expenditure does not cause any excess over the contract grant. (Article 91, Civil Account Code, Volume I.)

(b) It is the duty of a countersigning officer to see that the charges made in a contingent bill are of obvious necessity, and are at fair and reasonable rates ; that previous sanction for any item requiring it is attached ; that the requisite vouchers are all received and in order, and that the calculations are correct ; and specially that the grants have not been exceeded or are not likely to be exceeded, and that the Accountant General is informed either by a note on the bill or otherwise of the reason for any excess over the monthly proportion of the appropriation. If expenditure be progressing too rapidly, he should communicate, with the disbursing officer, and insist on its being checked. (Article 92, Civil Account Code, Volume I.)

10-5. Control and check on progress of expenditure – To facilitate a check on the progress of expenditure by the Deputy Inspector of Police, the inspector General of Police and the Accountant General, a series of return has been prescribed, for which the necessary “M.B.” forms are obtainable as “universal forms” in the manner prescribed in rule II-43. The procedure detailed in paragraph 14-5 of the Punjab Budget Manual is summarized as follows:-

Disbursing officers are required to maintain for all expenditure, registers in form B.M. 29. In these registers the accounts classification shall be shown according to the headings of the form, and the allotment under each unit shall be entered in red ink at the top of each column. A small slip Form B.M. 28 (Bill Extract) is required to be attached to each bill (other than pay bills) and is returned with the cash or cheques by the treasury officer. The amount of each bill, with the number of the treasury voucher as shown in the Bill Extract, shall be entered under the appropriate heads in form B.M. 29. At the end of each month the expenditure shall be totaled and the un expended balance under each unit entered in red ink at the head of the ensuing month’s account. On the 3^rd of each month disbursing officers shall submit to their controlling officer and the Inspector General of Police a copy of their B.M. 29 account for the preceding month, with the forms B.M. 28 on original and an abstract in form B.M. 31 in respect of both the general cash account and the additional Police account. Ac copy of the abstract in B.M. form 31 should be sent to the Deputy Inspector General.

Controlling officers are required to follow the above procedure for expenditure incurred directly be them, and also to maintain registers in form B.M. 30, in which the returns received form disbursing officers shall be entered to enable them to effect control on the progress of expenditure. They should compare the entries in B.M. 29 accounts received from disbursing officers with schedules (B.M.28) received from treasury officers which show the payments made by them. The Inspector General of Police is required to consolidate all returns in form B>M.31 and send it, with the original statements from which his return has been complied, to the Accountant General, so as to reach him by the 20^th of the month following that to which the accounts relate. Discrepancies are then reconciled by the Inspector General and the Accountant General, and corrections are notified to controlling and disbursing officers.

Disbursing officers are also required to submit not later than the 3^rd of each month to the controlling officer and the Inspector General of Police a departmental return in form 10-5 showing under each primary and secondary unit the allotment, expenditure incurred during, and the balance available at the end of the preceding month, both for the general cash account and the additional Police account. This is necessary to enable the latter officers to effect control and watch the progress of expenditure under each primary and secondary unit.

The above procedure is additional to the detailed accounts of contingent expenditure prescribed in Rule 10-110.

10-6. Pages of registers to be numbered – The pages of all account registers all be numbered, and a gazetted officer shall certify on the inside of the cover of each register the number of pages which it contains. Instructions regarding the upkeep of registers and preparation of bills, etc., have, where necessary, been given as foot-notes on the specimen forms of the registers, etc., concerned.

10-7. Accountant – (1) In each district, in the Police Training School, Criminal Investigation Department and Railway shall be primarily responsible for the accuracy of the accounts and for the safe and proper custody of all monies, stamps, vouchers consists of keeping accounts ; the less of performs the duties of a cashier the better. In the office of the Inspector General and of each of the range Deputy Inspector General the duties assigned to the accountant shall be performed by the clerk appointed for this purpose, under the direct and detailed supervision, in the former office, of the branch head assistant and superintendent and, in the latter office, the head clerk.

(2) Every accountant shall furnish security which shall be proportionate to the strength of the district establishment and shall be fixed at the rate of Rs. 100 for each hundred men or part of a hundred men (upper and lower subordinates combined). The amount of security to be furnished by the assistant accountant will be fixed at the discretion of the Superintendent. Security deposits, whether made in cash or in one of the security forms specified below, shall be covered by a bond or agreement (in Public Works Department forms Buildings and Roads Stereo No. 83 and 84 suitably adapted) setting forth the conditions under which the security is held and may be ultimately refunded or appropriated.

If the officer is not able to furnish the amount of cash in a lump sum it may be deducted from his pay in instalments. Or, as an alternative to cash security, he may be permitted, if he so desires, to take out a fidelity policy involving the payment of a small monthly premium. By such a policy Government can get a much larger security, but the officer concerned loses to the extent of the premium paid. Security can also be taken in any of the following form:-

(a) Government Securities other than Post Office – 5 years cash certificates.	Under the rules in chapter VIII of the Government Security Manual issued by the Controller of the Currency.
(b) Municipal Debentures and Port Trust Bond.
(c) Post Officer – 5 years cash certificates.	Under the rules for Cash Certificates and Saving Bank Accounts issued by the Post Office.
(d) Post Office Savings Bank Pass Books.
(e) Deposit Receipt of any bank, provided that the authority demanding the security decides that the bank concerned is a reputable firm engaged in regular banking business.	The depositor should be required to get the receipts made out in the name of the pledgee. The receipts should be sent for safe custody to the district treasury with instructions to permit the depositor to draw interest when it falls due.

10-7-A. Security – Besides the Accountants, Assistant Accountants, Prosecuting Inspectors and Prosecuting Sub-Inspector who are required to furnish securities under Police Rules 10-7 and 27-5 respectively the following Police Officers who are entrusted with the receipt and custody of cash or stores may be required to furnish securities as provided in rule 3-5, Chapter III Financial Hand Book No. I. Securities should betaken in any of the forms mentioned in P.R.10.7 and upto the amount mentioned against each:-

Rs.

Reserve Inspector … … … … … … 1,000

Lines Officer … … … … … … … 500

Sub-Inspector in charge Police Station or an

Additional Sub-Inspector where one is sanctioned. … … 500

Head Constable employed as Clerks in Police Station. … 200

Note – No security need be taken from permanent Police Officials when they are required to officiate in appointments in which security is generally taken, if the officiating appointment is not expected to continue beyond six months.

10-8. Erasures and corrections – (1) Erasures and over writings in any account register, bill, schedule or cash book are strictly prohibited. If any correction is necessary the red ink and the correct entry inserted, the correction being initialed by the officer responsible for signing the bill or checking the register. This rule applies to all account records, not only to those maintained in English. (Article 30, Civil Code, Volume I.)

(2) All corrections and alterations in a voucher shall be attested by the initials of the person signing the voucher or of the officer making the payment.

10-9. Claims for payment of arrears – Claims to arrears of pay or allowances or increments, which have been allowed to remain in abeyance for a period exceeding one year, cannot be investigated by the Accountant – General, except under special orders obtained from the authority competent to appoint the officers by whom the claim is made. The investigation of claims which are more than three years old can only be sanctioned under the orders of the provincial Government. The period of three years will ordinarily be counted form the date the claim was due. Where, however, orders under which the claim has arisen have been passed by a competent authority some time after the lapse of the period to which the claim relates, the period of three years should run from the date of the orders of that authority. No claim not preferred within six months of its becoming due can be paid by a treasury officer without the sanction of the Accountant – General, but this rule does not apply to claims of Rs.5 and less which are preferred within one year of their becoming due. [Civil Account Code, Volume-I, Article 8 (b) and (c)].

PART – II

Income Receipt of Money.

10-10. Responsibility – It is the duty of gazetted officers to see that all income claimable is claimed, realized and paid into the treasury. It is not optional with them to waive a demand for payment which is necessary by law or by rule. They should carefully bear in mind that collections must not, on any account whatever, be left out of the treasury, by should be paid in on the actual date of receipt, funds to meet authorised charges connected with such collections being drawn separately from the treasury on a proper voucher.

The appropriation of departmental income to departmental expenditure is strictly prohibited. (Article – I, Civil Account Code, Volume – I.)

10-11. Money to be lodged in the treasury – All transactions to which any officer of Government is a party in his official capacity must, without reservation, be brought to account, and all money received shall be lodged in full its appropriate account, or shall be kept in the police cash chest: provided that permanent advances may remain in the hands of officers to whom they are distributed and sums received for immediate disbursement on account of duly authorized orders for payment may be kept in the custody of the disbursing officers for such short period as may be necessary to secure the attendance of the payee. If such attendance cannot be secured within a reasonable time, the sum concerned should be refunded to the treasury and drawn again later when required. (Article I, Civil Account Code, Volume I.)

10-12. Cash Chests – Police cash chests shall be marked as such, and shall be kept in the single lock room of the treasury. They are intended for the safe custody of the cash box, which may, under the authority of the Superintendent, be removed on working days from the treasury to the police officer, and, if so removed, shall be returned to the treasury before business is closed for the day. Both the cash chest and cash box shall have two outside locks, the keys of one lock to be kept by the accountant and of the other by the superintendent, or, in his absence, by the officer delegated with authority under rule 10-2.

A memorandum showing the receipt, expenditure and balance of money in the cash box shall be kept in it in Form 10-12. When any money is placed in or drawn from the cash box an entry to this effect shall be made immediately. The officer holding the keys of the second lock for the time being shall check the cash chest account on every working day that the chest is removed from the treasury, and certify that he has done so, initialing at the same time any fresh entry made during the day.

10-13. Safe custody of sums received when office is closed – (1) When money sent to headquarters from a police station cannot be immediately disbursed or put into the cash chest, the person bringing the amount shall make it over, together with the documents pertaining to it, to the Lines officers, who shall deposit them in the iron safe, embedded in the verandah of the Quarter Guard room, under the view of the sentry, until such time as the money can be brought to account. The Lines officer shall at once give a regular receipt to the person depositing the money, and shall make and entry regarding its receipt in the Lines cash book an diary, and shall thereafter be responsible for sending it together with the papers to the accountant. The road certificate, however, shall be retained and pasted in the Lines receipt book. A regular receipt for the amount shall then be obtained by the Lines officer from the police office and filed with the road certificate.

(2) Money received on behalf of Government from individuals or other offices on holidays, or after the closing of the treasury for business, shall similarly be deposited in the Lines safe, after being entered, if possible, in the receipt side of the general cash book. The Lines officer shall act in respect of such sums as described in sub-rule (I).

(3) Cheques and remittance transfer receipts, which have not been endorsed and are awaiting disposal, shall be kept by the accountant with his permanent advance. This permanent advance shall be kept in a separate locked box in the Lines safe at all times when the office is closed.

10-14. Receipt Books – (1) Each Superintendent, Deputy Inspector General, the Assistant Inspector General, Government Railway Police, and the Inspector General shall keep a printed receipt book, the pages of which shall have printed serial number, in form No, 10-14 (I), the office copy being made by the carbon copying process. For every sum of money credited to the accounts in the office a receipt shall be given over the signature of a gazetted officer or an inspector in the district office, by the head clerk in the range office and by Superintendent in the Central Police Officer, to the person from whom money is received for credit to Government or on account of rewards: provided that, if money is recovered from any subordinate police officer by means of deductions from his salary in an acquittance roll, a receipt need not be issued.

(2) The officer signing the receipt must compare the entries with the cash book and initial the entry or entries in the latter. In preparing these receipts the instructions contained in Article 13 (c) of the Civil Account Code should be followed.

(3) All police officers who collect and remit money shall forthwith give to the tendered of such money a receipt in the prescribed form, and, when they credit such money to Government account either in a sub-treasury or by making cash remittance to headquarters, they must obtain a receipt either in the form issued by the treasury or in this form. For the purposes of this rule, the Lines officer, the prosecuting inspector at headquarters, the prosecuting sub-inspector at sub-divisions and all officers in charge of police stations will be supplied with a book of receipt forms, after the formalities required by sub-rule (5) below have been complied with.

(4) A road certificate is an invoice and not a receipt for this purpose. Road certificates shall be pasted in the receipt book in the place of the receipts issued from headquarters, and the corresponding receipts shall be pasted in place of the road certificate in the register of the place of issue. Reference shall be given in treasury receipts (rule 10-19 (2) to the annual serial number of the receipt issued in form No, 10-14 (I).

(5) Before bringing a receipt book into use the accountant shall check the sequence of the numbers printed on each receipt, and mark each with the office stamp, but in the case of receipts issued from police lines, police stations or offices of prosecuting inspectors or sub-inspector they shall also be marked with the seal of the respective office. Any discrepancies shall be brought to the notice of a gazetted officer who shall note the fact in the book.

(6) Blank books whether in English or in Urdu shall be kept under lock and key by the head clerk, and a register shall be maintained by him regarding their issue.

10-15. Receipt of Money Orders or cash by post – (I) Postal receipts for money orders shall be signed only by a gazetted officer or by an inspector in the district office, by the head clerk in the range office and by the Superintendent in the Central Police Officer, after the amount has been entered in the cash book and the entry initialed. The amount and name of the remitter shall be inserted in the coupon if it has not already been noted by the remitter.

(2) Currency notes or postage stamps received through the post in payment of Government dues shall be entered immediately in the general cash book and the entry initialed by a gazetted officers, head clerk or Superintendent, Central Police Office, in token that he has seen and signed the receipt. The precautions laid down for the handling of postal matter containing such remittances are contained in rule 11-23.

(3) As the Postal Department obtains receipts for payment made by it on its own forms, it is unnecessary to issue receipt in form 10-14 (I) in such cases. In order that, for purposes of check, there may be a receipt in form 10-14 (I) to correspond with each item of money received, a form will nevertheless be made out, but the duplicate will not be torn off and issued, and when, as in the case of money orders a coupon remains in the hands of the payee, such coupon will be pasted on to the form. A similar procedure shall be followed in the case of sums received from other departments of Government, which take receipts from payees in their own forms.

10-16. Specimen signatures – When a gazetted officer makes over charge of his officer to another, a facsimile of the reliving officer’s signature shall be sent to the treasury officer. Specimen signatures of gazetted officer, inspectors, head clerks in the range offices and the Superintendent in the Central Police Office should be requested not to accept the signatures on money order etc., of any officers other than those whose specimen signatures have been supplied.

10-17. Road certificates – All sums of money sent from one police office or station to another shall invariably be accompanied by a road certificate in Form 10-17, the officer copy being made by the carbon copying process. The worked “Entered in cash book” shall be written by the accountant in column 7 of the road certificate, after the amount has been so entered and the entry initialed by a gazetted officer, inspector, head clerk of Superintendent, Central Police Office. Road certificates shall also be used for obtaining an acknowledgment of the receipt of money sent to police stations for disbursement, when such remittance cannot be made otherwise than by hand.

10-18. Refunds – Sums required to be withdrawn on account of miscredit or for refund to the person paying the amount shall be drawn in accordance with the orders in Articles 113 and 114 of the Civil Account Code. Such refunds require the sanction of the Deputy Inspector General or his counter signature.

10-19. Credits into treasuries – (1) Payments of money into a treasury shall be accompanied by a chalan (Form A.T. 192) nature of the payment and on whose account it is made. Chalans shall ordinarily be in duplicate. One copy will be returned after being signed by the treasury officer if the payment is of Rs.500 or over, and otherwise by the accountant and the treasurer. When payment is made for Tahsildari letters of credit or cash orders of the copy of the chalan will suffice. When sums are sent to the treasury for credit to police income for the General Police Fund the name of the sub-head or sub-heads shall be noted in the chalan. (Article 5, Civil Account Code, Volume I.)

(2) In order to avoid the remittance of money by hand, sums received at police stations for credit to Government may be paid into sub-treasuries on receipt of orders in each case from the Superintendent. The tahsil receipt shall be submitted to the Superintendent, who will credit the amount in his cash book. All such treasury receipts shall be pasted into a file book to be called the file of treasury receipts, and shall be serially numbered for the financial year, references being given as required by the rule 10-14 (4).

10-20. Chanda Fund Register – (1) The Superintendents of those districts in which mounted police are posted, shall keep up a Chanda Fund subscription register in Form 10-20 (1). The amount of each subscription shall be entered each month as it is received.

(2) At the time of drawing salaries, or at the end of the month the columns shall be totaled. In the case of Lahore district the amount will be remitted to the treasury, with a challan in Form No. 10-20(2) to be prepared by the carbon copying process. All three foils of this chalan shall be signed by the treasury officials concerned who will retain one, the other two being returned to the officer paying in the money. One of these shall be kept in the Superintendent’s officer on the file of treasury receipts as a receipt for the remittance, and the other shall be sent to the office of the Inspector General. In the case of all other districts the amount of recoveries made from pay bills or in cash shall be retained till they amount to Rs. 25 when they will be remitted to the Inspector General of Police direct by a Remittance Transfer Receipt to be obtained from to. Treasury under Article 169 C. A. Code, Volume I.

10-21. Charges for additional police – Superintendents shall bill parties and corporate be supplied with additional police month by month in advance. Such bills shall be prepared in Form 10-21, and shall receive and annual serial numbers. Officer copies shall be kept.

If duty be likely to last less than a month, the cost for the entire period such police are likely to be employed shall be recovered. Additional police shall not be supplied until the advance payment required by this rule has been received.

10-22. Scale of charges – (1) Except in cases where special scales have been fixed charges shall be made for additional police during the time they are employed, according to the specimen scales and instructions contained in Appendix 10.22 (1).

(2) The following points are to be noted in connection with the calculation of charges:-

(i) The hutting charges should be calculated so as to include not only the actual rent paid for the quarters occupied by the police but also the cost of such repairs, white-washing and petty alternations to the buildings, as fall to the responsibility of the tenant according to the terms of the lease.

(ii) For periods of less than 2 months, annual charges for clothing and equipment will be levied on the following scale:-

Less than one month -- No charges

From 1 to 3 months -- ¼ charges.

From 3 to 6 months -- ½ charges.

From 9 to 12 months -- Full charges.

(iii) Initial charges (See Appendix 10-22 (I)) shall only be made when extra police are entertained, and such charges shall be at full rates. Charges calculated on the basis of annual charges and including conveyance allowance, contingencies, leave and pensionary charges shall be made in all cases, even if extra police are not actually enlisted.

(iv) In those cases (for instance, guards supplied to the Imperial Bank of India) in which a fixed number of additional police are supplied throughout the year and the accounts are adjusted monthly, the chares for clothing, equipment and rewards shall be calculated at one-twelfth of the annual rates.

(v) When the duty for which additional police are provided involves traveling, the actual amounts disbursed from the continuant grant (carriage of constabulary and traveling allowance) on account of such journeys shall be recovered from the party to whom the police have been supplied; provided that expenses incurred in consequence of routine transfers ordered in the interests of the general police administration shall not be so charged.

(vi) The amount of pension contribution, which is shown as a separate item in the statement of cost of additional Police posts, should at the time of recovery be credited direct to the Head “XLIV – Receipts – in – aid of Superannuation –Pension individuals etc., in the treasury.

(vii) The sum realized as pay of a contingency reserve of constables will be utilized for the entertainment of such reserve on the scale of one – sixth of the number of constables provided.

10-23. Charges for additional police supplied to departments or officers of Government – (1) The charges for additional police supplied to departments or officers of Government when permission to raise extra men is given by the Provincial Government, shall be in accordance with the above rules except that no charges shall be made for pension.

(2) The salaries and expenses of extra police officers so employed and supplied shall be recovered as follows:-

(a) When the duty lasts for one year or less, - by bills on account of salaries and contingent charges submitted to the officers or departments concerned for adjustment by book transfer (vide rule 2.13 (3)).

(b) When the duty lasts for more than one year and when the procedure is sanctioned by the Inspector – General, - by inclusion of the amounts in the salary and contingent bills of the regular establishment. In the latter case the inter – departmental adjustment is made in the books of the Account – General.

10-24. Charges to be made for additional police located in disturbed or dangerous areas – In applications for the location of additional police under section 15 of Act V of 1861, the cost shall be calculated in accordance with rule 10.22. The rates prescribed by Appendix 10.22 (I) make no mention of charges for superintendent the provision of trained men in place of recruits, armament and interest charges during the period of recovery of the cost. They are, however, so calculated as to include provision for these items, but as they cannot be assessed with exactitude the resulting total is to be regarded as a limp sum figure and rounded to the nearest hundred rupees. The cost of housing, whether on account of rent or the erection of suitable quarters, shall be included, unless a suitable building in the communal ownership of the persons to be charged with the cost of the post is placed at the disposal of the Police Department. In the latter case only such charge shall be made as is necessary to meet the cost of putting the building into a fit state for police occupation.

10-25. General police fund – (Deleted).

10-26. Recoveries on account of additional police in disturbed and dangerous areas – (1) The responsibility for recovering the cost of additional Police located in disturbed or dangerous areas, under Section 15 of Act V of 1861, rests with the District Magistrate. Realizations are generally made half – yearly in advance, with the land revenue installments. The collections should in all cases be credited into the treasury under the heads “XLIV – Receipts – in – aid of Superannuation – Pension contribution for Police supplied to public departments, private individuals, etc.” and “ XXIII – Police – Collection of payments for sections 13.14 and 15 of Police Act V of 1861,” intimation of the amount so credited into the treasury on each account being sent at the same time to the Superintendent of Police for inclusion in the accounts he is required to keep under rule 10.27.

(2) The cost of additional police supplied to private persons and departments or officers of Government recovered by Superintendents of Police under rules 10.21 and 10.23, should likewise be credited into the treasury under the heads mentioned above.

10-27. General Police Fund Cash-Book and Ledger – (1) Each Superintendent of Police shall keep a cashbook in form No. 10-27(1)(a) in which all receipts and disbursements pertaining to additional Police shall be entered. The pay, allowances and contingent charges of the additional Police shall be drawn in the same forms on which charges of regular Police are drawn under rules 10.95 and 10.96, and shall then be shown in lump sums on both sides of the general cash book (in column headed “ Additional Police Account”), a reference to the cash book for additional Police accounts being made on the disbursements side. For the correct preparation, checking, signing and encashment of bills for additional police, the procedure prescribed encashment of bills for additional police, the procedure prescribed in Part-V of this Chapter shall be observed. Similarly, all receipts on account of additional police, supplied under sections 13, 14 and 15, Act V of 1861, whether collected and credited into the treasury be the District Magistrate or collected in cash by the Superintendent of Police under rule 10-26, shall also be shown in lump sums in the column headed “Additional Police Account: of the general cash book on both the credit and debit sides, as well as on the receipt side of the additional Police account cash book.

Note – Receipts and expenditure on account of additional police supplied to officers or departments of Government shall not be included in the General Police Fund.

(2) Each Superintendent shall keep a General Police Fund Ledger in Form No. 10-27(2), in which receipts and disbursements on account of additional police shall be distributed separately for each post or body of additional police. The ledger will show the Superintendent exactly how much of the amounts realized for each such post and body of additional police for which extra men have been raised is still available for disbursement. Separate pages shall be assigned for each post or body of police.

(3) On the 5^th of each month a monthly return of receipts and expenditure of the additional police shall be prepared in Form 10-27(3) and submitted to the Inspector-General.

(4) Monthly accounts submitted by Superintendents of Police shall be centralized by the Inspector-General of Police in an additional Police Account General Ledger. This ledger shall show by district (I) amount payable or recoverable, (2) realistation by the District Magistrates, (3) disbursements from the fund, and (4) the total figures for the whole province under rule 10-26, and sub-rules (2) and (3) above.

10-28. Return of Income – On the first day of each month each Superintendent shall submit to the Inspector General a return in Form 10-28 showing the estimated and actual collections under each head of revenue for which he is responsible. These returns are checked in the Inspector General’s office with copies received from the Accountant General of the treasury returns of income actually credited. It is essential, therefore, that the returns from police offices should be prepared independently and not in collaboration with the treasury clerks. Heads of offices, head clerks and accountants should be guided by chapter 13, Punjab Budget Manual, in the preparation and supervision of these returns. Accounts which have been adjusted by book transfer shall be shown in the return, but a detail shall be given in the last column showing cash and transfer credits separately. Refunds shall be deducted by a note made to that effect in the last column of the return.

10-29. Book Transfer – The adjustment by book transfer of charges recoverable for credit to police income will be made by means of bills prepared in duplicate in form 10-2. The officer to whom the bill is sent will return one copy duly countersigned. On receipt of this countersigned bill the amount will be brought to account as a credit.

10-30. Security – Deposits of cash by way of security received by gazetted officers in their public capacity shall be paid into the Government Savings Bank without delay, a separate savings bank account being opened for each case of security. Interest accruing on such deposits shall be payable to the persons furnishing the security when the deposit is finally returned to them on the purpose for which security was required ceasing to be operative.

10-31. Heads of Income – (1) Appendix 10-31(1) details the different classes of police income which should be credited on realization to the heads shown in columns 2, 3 and 4 thereof, and corresponds with Appendix D of the Punjab Budget Manual.

Each major head of income in the accounts of Government has a serial number prefixed to it in roman characters to distinguish it from heads of expenditure which are numbered in Arabic figures thus:-

XXIII – “Police” is a major head of General Revenues.

“29 – Police” is major head of Expenditure.

The general revenue which a department of Government collects is called “Departmental Revenue.

(2) The major heads other than XXIII – Police to which police income (or departmental revenue) may be credited are:-

XLIV – Receipts in Aid of Superannuation

XLV – Stationery and Printing

XLVI – Miscellaneous

XXXVI – Miscellaneous

Police income is also credited to the following funds, of which separate accounts are kept in treasuries:-

	(1) Clothing
Police Deposit …	(2) Equipment
	(3) Estates

(Subsidiary to XXIII – Police).

Police Land Fund (a major head of XXIII – Police).

Chanda Fund (a Local Fund).

Note – The major head “XLVI – Miscellaneous” or “XXXVI –MISCELLANEOUS” should not be confused with the minor head “Miscellaneous” under Major head “XXIII – Police”.

PART III

Payment from Treasuries.

10-32. Affixing of stamps – (1) A stamp is required to be affixed on receipts for all sums exceeding Rs. 20 except such as are exempted (Article II, Civil Account Code, Volume I) and item 53 (d) of Schedule I of the affixed by payees on acquittance rolls, whether for pay or traveling allowance, when the sum to be received exceeds Rs.20. Police Chanda and Deposit Fund cheques need not be stamped. (Section 5, Indian Finance Act, 1927).

(2) The stamp should be defaced by the signature, seal or left thumb-impression of the payee, a part of such signature, etc., being on the stamp and a part on the voucher. Where a thumb impression is the only receipt of payment a clear impression should also be taken on a clear space of the voucher.

(3) Where receipts are demanded in duplicate in accordance with any law or Government order, only one need be stamped. Ordinarily not more than one receipt shall be issued. (Article 16, Civil Account Code).

10-33. Vouchers – (1) Detailed instructions for the preparation of vouchers are contained in Article 13, Civil Account Code. Except where other forms are prescribed by these rules or other official orders, form 10-33(1) shall be used. The orders regarding delegation of authority to sign vouchers for payments made to the head of an office are as given in rule 10-2, that is to say, the delegation must be specific to a particular gazetted officer, whose specimen signature must be furnished to the treasury. Vouchers for cash payments shall be endorsed by the officer in whose presence they were made, who, in the case of payments made at headquarters, shall be of rank not lower than inspector. It is essential that, unless there are special reasons to prevent it, the signature should be obtained on vouchers of the person to whom payment is actually due, and not merely that of the person through whom disbursement is made.

(2) In cases where receipts cannot be obtained (as in charges for railway tickets, etc.), or where a reward is paid to a person whose name it is necessary to keep secret, a acknowledgment from the person through whom the money is paid may be substituted, (Article 104 (3), Civil Account Code, Volume-I).

(3) In cases where money is remitted by money order, the payee’s receipt need not be taken on a voucher or acquittance roll. The Post Office receipts and the payee’s acknowledgment should be attached, on receipt, to the voucher or acquittance roll concerned.

(4) Covers or labels of parcels, etc., bearing the Post Officer stamp of postage due should be kept as receipt vouchers. Postal receipts for parcels, receipts for railway freights, and covers or labels of value-payable articles should be endorsed, under the signature of the officer paying the amount, with the particulars of the payment made and the accounts classification according to which the payment is to be debited.

(5) Receipts may be obtained in a single form from one or more payees, provided the amounts are payable from one major head, and provide that receipts for items exceeding Rs.25 shall be on vouchers separate from those for sums of and below that sum.

(6) Receipts for allowances to menials attached to police lock-ups are chargeable to a different major head from other police expenditure, so must be taken on separate vouchers. For convenience of departmental accounts, vouchers for the following classes of expenditure should also be kept separate:-

(a) Police Deposit.

(b) Additional Police Account.

(d) Chanda Fund.

In all cases particulars must be given, in the space on the form for “head of appropriation chargeable’, of the distribution of the payment, which is to be made in the accounts.

10-34. Cancellation of vouchers – All vouchers whether required to be submitted to the Audit Office or to be filed in the office from which the payment is made shall be canceled with a suitable rubber stamp. Stamps on vouchers should also have a circular hole punched in them. Cancellations shall be attested by the initials of a gazetted officer at the time of checking the accounts.

10-35. File book of vouchers – (1) Vouchers shall be filed in skeleton books of suitable size as follows:-

A. – General Cash Account and Police Deposit vouchers. –

To contain vouchers sums detailed in the cash book.

B. – Additional Police Account vouchers.

C. – Traveling Allowance Acquittance Rolls.

D. – Contingencies. – For all vouchers for contingent expenditure, other than that of Additional Police which should be filed in book B. the file shall be divide according to the primary units of contingent expenditure detailed in Appendix 10-111. Separate files shall be kept for each month.

(2) Vouchers relating to file A, B and C will be numbered serially for the financial year and those in file D will be given a monthly number.

10-36. Duplicate receipt bills and cheques – (1) If an original receipt is alleged to have been lost a duplicate may not be issued. A certificate may be issued to the effect that on a certain day a specified sum was received from or paid to a certain person for credit, or debit, to a certain account.

(2) In cases of loss of bills, cheques, etc., duplicates may be issued after it has been ascertained from the treasury concerned that payment has not been made on the original. In such cases the word “duplicate” should be clearly endorsed in red ink. (Article 16, Civil Account Code, Volume-I).

10-37. Authority required before expenditure is incurred – Before any public money an be spent by the head of an office in his capacity as disbursing officer he must be in possession of sanction for the expenditure and of intimation of appropriation of funds, in both cases by a competent authority. If either of these necessary authorities is lacking, the case should be referred back for orders. Responsibility for overcharges arising out of neglect of this rule lies primarily with the drawer of the bill by which such over charge is contracted. (Articles 17 and 86, Civil Account Code, Volume-I).

10-38. Audit objections and recoveries – (1) The earliest attention should be given to all objections received from the Audit Office, whether direct or through the treasury officer. Original objections received through the treasury should be returned with the explanation called for on the day of receipt or following day.

(2) Orders of retrenchment are issued by the Accountant – General to treasury officers, who are bound to make the retrenchment order and are forbidden to enter into correspondence on the subject. Such orders must, therefore, be complied with, protest being made, if necessary, within not more than three months, through the departmental superior of the officer retrenched. Retrenchment will ordinarily be made by deduction form the next pay or traveling allowance bill presented by the officer concerned. Payment in cash may be demanded if no such bill is presented within a month. Unless there is held to have been a definite breach of orders, or lack of justification in taking the excess, recoveries will be at a rate not exceeding one-third of pay. Advances shall not be made from the Police Deposit or similar funds to meet retrenchments, but a Superintendent or Deputy Inspector – General may apply direct to the Accountant – General for permission to leave the amount under objection until it can be adjusted under proper authority, or until it can be recovered form the officer concerned. (Article 20, Civil Account Code, Volume-I).

(3) Recovery should ordinarily be effected from officers of the amount of any overpayment made to them, if objection is raised within twelve months by the Audit Office. Account officers are required not to demand recovery of payments erroneously made unless the amount has been challenged within twelve months.

(4) Original objections and retrenchment orders and their replies, or copies thereof, shall, unless the point questioned was a merely technical one, such as the incorrect filling up of a form, be attached.

10-39. Cheques drawn on treasuries – (1) All withdrawals form the Police Deposit account shall be made by cheques on forms supplied in Central Publication Branch, Calcutta. A memorandum shall be entered on the counterfoil of each cheques, stating the balance to credit, the sum drawn by the cheques, with either a short statement of the nature of the disbursement for which the money is required or the distinguishing letter of the sub-head concerned, and the resultant balance after deducting the sum drawn by the cheques. At the foot of each cheques shall be noted the sum included in it debitable to each of the following head, or to each or so many of them as may be included in it: -Clothing or Equipment Fund.

(2) Every cheques in favour of a Government officer shall be made payable to “order” only, but when the payee is not a Government servant the cheques may, at this request, be made payable to “bearer”. (Article 26, Civil Account Code, Volume I).

(3) When a public officer sends a cheques to a treasury not for cash payment but for credit of its value in the treasury he must, before signing the receipt, add the words “Received payment by transfer credit to ……………..”. Omission to do this facilitates mis-appropriation of money. (Article 26(b)(2), Civil Account Code, Volume-I).

(4) Money due from the Police Deposit account to firms of contractors and to others residing at headquarters of districts should, whenever possible, be paid by means of crossed cheques to their order, their receipts being obtained as soon as possible.

(5) Cheques for payments of any kind to the North-Western Railway shall be made payable to the Examiner of Railway Accounts and not to Station Masters.

(6) When the amount of a cheques is to disbursed to several officers and has consequently to be inserted in the cash distribution register (rule 10-24) the cheques should be made payable to “Self”, and should be endorsed as follows in token of receipt by the drawing officer:-

Rs.

By R. T. R. … … … …

By Cash … … … …

__________

Total …

__________

The accountant shall maintain a cheques memorandum book in Form 10-39(6) to facilitate the preparation of cheques.

(7) Officers drawing or cashing cheques should observe the precautions described in Article 23, Civil Account Code.

10-40. Disbursements – (1) No money other than regular salaries and allowances shall be disbursed in any police office except on the authority of an order for payment duly entered in the order book. (Police rule 14-54).

Note – For the purposes of this rule an office order book shall be maintained in the offices of the Inspector-General and of Deputy Inspector-General.

(2) The disbursing agency in districts shall be as follows for all payment on behalf of Government :-

(a) The Lines Officer – to police officers at headquarters (i.e., officers in the lines, office, guards, hospital, orderlies, absentees residing at headquarters, but excluding headquarters police stations and outposts and other creditors, who can conveniently be called to the lines to receive payment.

(b) Officers in charge of police stations – to officers attached to their stations including all posts subordinate to such stations; to absentees and heirs of deceased police officers residing in their jurisdictions, and to traders, contractors and other residing in their jurisdictions.

(d) The Accountant – to officers on leave who elect to receive their salaries by money order, – vide rule 10-92.

The instructions regarding the disbursement of pay are contained in Police rule 14-53.

(3) Notwithstanding the above orders, payment for articles purchased for Government use shall be made either through the officer making such purchase or through the officer nearest to whom the payee resides, whichever is most convenient.

10-41. Methods of remittance – Remittance for disbursement shall be made as follows:-

(a) to the Lines officer – in cash, by cash orders or in the form of cheques (see rule 10-39) for delivery to payees;

(b) to officers in charge of police stations – by cash order or letter of credit, or, in cases where cash remittance cannot be avoided, by cash under invoice of a road certificate or, in such cases when special sanction in accorded by Government, by insured letter.– [see rule 1046(vi)]

(c) to offices of other departments or to other police offices by cheques, bank draft, remittance transfer receipt or money order, subject to the following conditions :-

(i) remittance transfer receipts maybe obtained between places at either of which there is no branch of the Imperial Bank of India; in orhter cases Imperial Bank drafts marked “Government Account” will be issued;

(ii) remittance transfer receipts (or Imperial Bank drafts) for sums of not less than Rs. 25 may be sent to Superintendents of Police of other districts on account of the pay and allowances of policemen deputed on duty beyond the limits of the district in which their pay has to be drawn.

(iii) the remittance of pay allowances, rewards, contingent charges and traveling allowance to establishment serving at certain outlying police stations not at Tahsil headquarters has been approved by government as a measure of economy, – (vide this office circular letter No. 2478-A, dated 24^th April, 1935). The following procedure should be observed in making such remittances :-

(1) Money Order forms duly completed shall be attaches to the bills to be remitted by money order.

(2) When the bills are presented at the treasury, the Treasury Officer will return the money order forms to the Superintendent of Police with a certificate specifying the amounts which have been credited to the post office by per contra book transfer to enable the money orders to be accepted at the Post Office.

(3) An officer to be deputed by the Superintendent of Police shall then present the money orders at the post office, together with the above mentioned certificate.

(4) The Post Office acknowledgment of the money order form shall be kept in the file of vouchers or acquittance rolls as the case may be, together with the actual payee’s receipt when received.

(5) In the event of the actual payee’s receipt not being received within a reasonable period enquiries shall be made by the Superintendent of Police from the Post Office. Should the money order remain un-disbursed for any cause, the amount refunded should be entered in the case book maintained by the Superintendent of Police and credited to the Treasury in the usual manner. The Range auditor when examining the district accounts, should pay particular attention to the correct crediting of the proceeds of all such un-disbursed money orders.

(6) Money order commission will be debited to head ‘Miscellaneous-Contingencies’ in accordance with Police Rule 10-46(v), except in the case of men on leave who will be required to pay the money order commission.

(iv) money orders on account of leave salary should only be sent if cheaper methods of remittance are not possible, or if the payee has agreed in advance to the deduction of amount of the commission from the total of his claim.

(v) remittance transfer receipts are issued only for bona fide public purposes, including payments from police funds borne on the treasury accounts, and pay and allowances under the conditions state above.

(vi) municipal taxes, etc., due from Government shall be paid by book adjustment if the Municipality banks with a Government treasury. In the case o Municipalities which do not bank with a Government treasury, payment will be made in case, when such payment is to be made at a sub-treasury, it shall invariably be made by means of a case order.

10-42. Distribution Accounts – (1) The accountant shall maintain the following memoranda of accounts to be disbursed :-

(a) Cash Distribution Register in Form 10-42(1)A in English.

(b) Advice Notes, containing details of all sums remitted to subordinate officers in the district in bilingual form 10-42(1)B.

(2) In advice notes he shall enter the details of all sums to be disbursed to or through officers in charge of police station on account of pay, contingencies, traveling allowance, etc. when all sums to be dispatches have been entered in the advice notes, the amount shall be entered in the cash distribution register under the appropriate columns and the accountant shall satisfy him self that the total of each column agrees with that of the bill or other demand by means of which the amount will be received or drawn. He shall then note the grand totals in the advice notes and cash distribution register and shall prepare any necessary challan or applications for remittance transfer receipts.

(3) Advice notes, on return by the officers to whom they were issued, shall be kept in monthly files according to the bills to which they relate, and destroyed after one complete year.

10-43. Signing of demands – (1) All bills and other demands with the case distribution register shall be put before a Gazetted Officer, who shall satisfy himself before signing that all bills and other demands, have been duly entered and shall initial the entries in the appropriate column of the register. When initialing the entries in the Cash Book he shall compare the entries in the Cash Book with those in the Cash Distribution Register in form 10-42(1). The Accountant shall also initial the total of each bill in the prescribed column of the register.

With regard to the entry on the credit side of the cash book of bils, etc., which have to be cased at treasuries, see rule 10-45.

(2) If the amount of a demand is to be remitted to a sub-treasury, payable to single person, it shall be receipted as follows:-

letter of

Cash order

“Received payment by c credit on . . . . . . . . . sub-treasury”

(3) On occasion when there is no gazette officer present at headquarters, only the bills, cheques, and remittance transfer receipts shall be sent to camp for signature after they have first been endorsed “Entered in Cash Book” in the case of cheques and remittance transfer receipt by one of the inspectors present at headquarters who has verified the fact and initialed the entry in the cash book and cash distribution register. In the case of contingent bills the inspector shall initial the entries in the contingent register. These entries will again be initialed by the Superintendent of Police or the gazetted officer specially authorized (rule 120-2) on his return to headquarters after comparison with the registers concerned.

10-44. Bills Accounts classification to be endorsed on – All bills presented at the treasury shall have endorsed on them the complete accounts classification as shown in the budget allotment statement. When sums pertaining to more than one unit of expenditure are included in the same bill, the amount under each unit must be specified. (Article 13 (e), Civil Account Code, Volume I).

10-45. Presentation of demands – (1) Pay bills payable at Lahore which require to be pre-audited, and those payable at district treasuries, may be signed and presented for payment three and two days, respectively, before the last working day of the month to which they relate. (Article 38, Civil Account Code, Volume I). The entries regarding such bills shall be made at the time of signature in the cash distribution register.

(2) The accountant shall record a memorandum on the demands to be presented to the treasury in them manner shown below:-

(a) By cash orders, - vide challan attached … …

(b) By letters of credit, - vide challan attached … …

Excluding

including

(c) By remittance transfer receipt, - vide application attached

(d) By money order money order fee …

(e) By credit to Chanda Fund –vide challan attached …

(f) By credit to XXIII – Police, -vide challan attached …

(g) By credit to XLV Stationery, - vide challan attached

(h) By credit to Police Deposit, -vide challan attached …

(i) Cash (for Lnes officer) … … … …

(j) Cash (for Accountant) … … … …

_________

Total amount of the bill, etc … … … … _________

10-46. Receipt and distribution of pay, etc – When the bills, cheques, etc., are received from the district treasury duly passed for payment, the following procedure shall be observed:-

(i) The Lines officer and officers in charge of Police stations City, Cantonments and Sadr [or an officer not below the rank of the head constable deputed by them], accompanied by the accountant, shall proceed to the treasury and receive from him the total sum which is to be drawn in cash for disbursement at headquarters. They shall sign an acknowledgment for this amount in the prescribed column of the cash distribution register, and shall receive at the same time from the accountant all bill, vouchers and acquittance rolls necessary for the purpose of disbursement. They shall be responsible for conveying the cash so drawn, under adequate safeguards, to the lines and police stations, and for its safe custody pending disbursement ; and that payment is made in correct accounts and to those individuals only, who are entitled to receive such amounts.

(ii) Cash orders, and money orders shall be received from the treasury by the accountant, who will be responsible for __________ them to their correct destinations together with the necessary Advice Notes. Cash orders will be sent through the issue branch of the Urdu office, for entry in the dispatch by the District Treasury Officers to the Tahsildars concerned in accordance with para. 316 of the Sub-Treasury Manual. The treasury officer will, however, send an intimation to the drawing office showing the number and date of the letter to enable the Accountant to compete the cash distribution register and advice notes.

(iii) In every district according to local conditions a system shall be laid down on a permanent basis by which cash police station may obtain and remit money with as little risk and inconvenience as possible, and by which the necessity of utilizing special escorts for cash remittances may be minimized. According to this system cash required by police stations should be drawn by means of letters of credit on the nearest sub-treasury.

(iv) On receipt of tan Advice Note the officer to whom it is addressed shall, on the earliest possible occasion, receive the money which he is authorized to draw from the treasury or sub-treasury, personally if possible, and otherwise through a representative specially accredited on each occasion in writing and not lower in rank than a head constable. On receipt of the money drawn from the treasury, the total amount shall be entered in the police station account register No, 20 (rule 22-71) and the money and connected papers shall be placed in the store room pending disbursement.

(v) Special escorts may not be sent in charge of cash, if the salaries of the escort for the time spent on such duties would exceed the commission to be padi if the sums were sent by money order. In such cases, or where other arrangements are inconvenient or unduly expensive, money may be remitted by money order through the treasury by means of a “per contra transfer” to the Post Office in the Treasury Account, the commission, if debitable to Government, being charged to miscellaneous contingencies. When money is sent by money order, the connected papers will be forwarded by post. So far as may be possible, however, money shall be received or remitted through escorts proceeding in the required direction with other duties.

(vi) Money received in police stations for credit to Government shall be paid into the nearest sub-treasury on the earliest possible occasion, the treasury receipt being sent at once to the Superintendent of Police. When money received in money received in police station for disbursement cannot be disbursed within one month owing to the absence of the payee, it shall be retuned to headquarter or forwarded to nay other police officer who may be in a position to make the disbursement, under invoice of a road certificate.

(vii) The accountant shall not be a disbursing officer except to the extant permitted by clauses (i) and (ii) above. The accountant will receive cash only in recoupment of his permanent advance or for immediate credit to the treasury or the cash chest account.

(viii) Sums not exceeding a few annas may be remitted by means of postage stamps. Money should not ordinarily be sent in the form of Government Currency Notes by registered or insured posts, except in the special case in Dear Ghazi Khan. No money shall be drawn from the treasury unless required for immediate disbursement. (Article 88, Civil Account Code, volume I). Requisition for letters of credit or cash orders should be made on a challan form – (Treasury Form No. 71 obtainable from the treasury).

10-47. Remittance Transfer Receipts–miscellaneous particulars – (1) Application for remittance transfer receipts shall be made in Treasury Form No. 75 either in exchange for cash, or, for another remittance transfer receipt, or, for bill, cheques, &c.

(2) The procedure to be followed in case where remittance transfer receipts or bank drafts are lost is contained in Article 177 of the Civil Account Code. In the former case satisfactory evidence of the loss must be furnished to the treasury officer before a duplicate can be obtained; in the latter case the officer who has purchased such draft must take immediate states to stop payment and should report the case in detail to the Deputy Controller of Currency of the circle concerned.

(3) Indian subordinate police officers are permitted to obtain remittance transfer receipts on the same conditions as Indian officers and other ranks of the army for remitting money to their families. The conditions and formalities to be observed may be ascertained from treasuries by offices who wish to avail themselves of the concession. (Article 170(3) Civil Account Code, Volume I).

PART IV

Cash Book.

10-48. General Cash Book – (1) Each Superintendent shall maintain a Cash Book in Form 10-48(1) in which all official account shall be entered as they occur. The book I intended to permit of a check on all money passing through the office on account of either receipts or payments; the entries should be brief, but no item must be allowed to escape being brought into the a count. Opposite each entry appropriate references in columns 2 and 3 of the form shall invariably be given.

(2) All sums drawn from the treasury by abstract contingent and traveling allowance bills shall be shown in lump sums on both sides of the cash book, a reference to the contingent and traveling allowance registers and, in the case of traveling allowance, to the numbers of the bills being made on the disbursement side.

(3) Un-disbursed salaries of absentees, to be refunded by short drawal in the next pay bills, shall be entered in the cash book, on the credit side of the general cash account, irrespective of whether the amount has been placed in the cash chest or has remained in the hands of the disbursing officer. In the latter case the name of the officer holding the amount shall be noted in the cash book at the time of striking its balance.

(4) A list of the officers or stations holding a permanent advance and the amount so held shall be pasted inside the front cover of the cash book –(see rule 10-108).

10-49. Balancing the cash book – (1) The cash book shall be written up daily by the accountant and shall be balanced on the last working day of the month, or on transfer of the Superintendent or the accountant, or when specially desired for check purposes.

The balance of the general cash account in the case book shall represent the cash in the cash chest and in the hands of the accountant or other officer, a detail of which shall be given. Any money advanced from the clothing or equipment funds and pending recovery shall also be detailed.

The head clerk shall check the account when balanced and initial the cash book in token of its correctness. He shall bring to notice any mistake or irregularity in the accounts.

(2) After being initialed by the head clerk the cash book, with connected papers, shall be laid before the Superintendent or, in his absence, the gazetted officer, nominated under rule 10-2, who shall tally the accounts by cross check with the treasury receipts, receipt book, cash distribution and traveling allowance registers, vouchers and Urdu acquittance rolls of traveling allowance and salaries, Police Land and Additional Police Account cash books, Chanda Receipt register and Chanda Fund bills, and shall satisfy himself that all these registers and receipts have been properly prepared. A certificate of the correctness of the cash book in the terms given in the specimen form shall then be entered, and signed by the Superintendent or by the nominated officer carrying out the check ; in it shall be quoted the numbers of any vouches which have not so far reached the office and a reference to these delayed vouchers shall be included in the next certificate. On transfer, the Superintendent himself shall sign the certificate.

Note - The specimen entries shown in form 10-48 (1) illustrate the procedure detailed above.

10-50. Subsidiary cash book – In addition to the general cash book the following subsidiary cash books are maintained:-

(a) Additional Police Account cash book and ledger, kept in accordance with rule 10-27(1), and

(b) Police Land Improvement Fund cash book, in Form expenditure in respect of police lands administered in accordance with rule 10.164. This fund is balanced yearly and the credit or debit is carried forward. The cash book is a record of the relation between income from and cost of upkeep of lands. The budget allotment, as distributed by Deputy Inspector-General is not shown it as a credit, but expenditure is limited to the amount so allotted, irrespective of the income actually collected.

(c) Chanda Fund cash book in Form 10-50(c) is maintained in the Central Police Office from information furnished under rule 10-20(2) by districts where subscribers are serving, and checked with the returns furnished monthly by the Accountant-General.

10-51. Supervision – Rule 10-48 describes the method by which Superintendents and head clerks are required to carry out a formal check of the general cash book, whenever it is balanced. It is, however, inherent, in the general responsibilities of these officers for the control of the work of the accountant, that they should see the general and other cash books, and records relating to them at intervals varying in frequency according to the volume of accounts transactions in different districts, and check all entries made subsequent to their last examination.

10-52. Cash account of disbursing officers – The Lines officer, and all officers in charge of police stations, shall keep a cash account of all monies passing through their hands (a) for pay, allowances and miscellaneous transactions in Form 1-52(a); (b) for permanent advance transactions in Form 10-52(b) – (see rule 10-108).

10-53. Classification of Accounts – The major head of Police Classification of Accounts expenditure is “29 – Police”. Certain expenditure, as explained in the rules which follow, is debitable to major head “56 – Stationery and Printing”, “47 – Miscellaneous Departments (Transferred), - Registration of Vital Statistics”, “ 12-B – Charges on account of Motor Vehicles Taxation Act-Inspection of Motor Vehicles” and disbursement are made on behalf of local Funds and major head “28 – Jails”.

Expenditure is also required to be incurred as under:-

Police Deposit Fund (Personal deposits under P. Deposits and Advances – Civil Deposits).

Police Land Fund (included in “Other Contingencies” of the minor head “Miscellaneous” under “29- Police”).

Chands Fund (a local Fund).

10-54. Police Deposit – Expenditure from the Clothing and Equipment Funds is regulated by the orders in chapters IV and V. Expenditure not authorized by these chapters requires the sanction of the Inspector-General. Advances may not be taken from these funds to meet contingent expenditure.

10-55. Payments from Estates – (1) Pay, allowances and any other monies due to deceased, lunatic or deserting police officers should be withheld for future payment. If any such sum which has already been drawn remains un-disbursed, it should be refunded by short drawal in the next pay bill in the manner laid down in Rule 10-48(3). Payments may be made, on substantiation of claim, up to a limit of Rs.500. If the claim amounts to more than this sum, the orders of the Inspector-General must be obtained before the excess can be pait. (Article 39, Civil Account Code, Volume I).

The widow of a deceased officer is presumed to be his heir, unless another heir has been specially nominated by the deceased. Superintendents are strictly responsible that payments from estates are not made until both the identity of the claimant and the validity of his or her claim has been verified by all reasonable means.

(2) All money and other property due or belonging to police officers, who have died or deserted, shall, if not claimed within six months, be made over to the District Magistrate for disposal as unclaimed property.

(3) Receipts for payments made under this rule should be taken in form 10-33(1) and not in acquittance rolls.

10-56. Accounts of lunatic police officers – (1) The accounts of lunatic police officers shall be made up and the balance should be withheld for future payment. Any property belonging to such lunatic shall be taken in charge by the Lines officer for safe custody. An inventory of such property shall be made over the accountant to be kept with the account of the estate.

(2) The Superintendent shall report to the principal court of original civil jurisdiction in the district all estates and balances held in deposit on account of lunatic police officers.

(3) If any relative of a lunatic police officer applies for charge of such officer’s property, the Superintendent shall either instruct such relative to apply to the court mentioned in sub-rule(2) above, or, after satisfying himself that the applicant is a proper person both by reason of relationship and character to have charge of such lunatic’s property, he may make over such property after taking an indemnity bond conditioned in a sum equal to the value of the property so made over; provided that such action is not contrary to any order passed by a competent court under Act IV of 1912.

10-57. Verification of deposit balances – (1) At the end of each financial year a certificate is sent by the Accountant-General to the head of each police office for verification of the balance of the police deposit account as required by Article 222, Civil Account Code. It should be compared with the cash book and police deposit pass book and, if found correct, should be signed and returned.

(2) A pass book in form 65 of Civil Account Code, Volume II, should be kept for the police deposit account. Superintendent of Police shall be sent the pass book to the treasury officers at least once a month to be balanced. The pass book shall remain in the personal custody of the Superintendent and not with the accountant.

10-58. Cattle Pounds – (1) The upkeep of cattle pounds, which are in charge of the police, including the provision of locks, ropes, etc., is the responsibility of the local body to whom the revenue of the pound is credited, and all repairs on account of urgency expenditure from the police permanent advance is necessary, recovery shall be made in the manner prescribed in rule 10-109(2).

(2) Local bodies remit money in cash or by cheques to Superintendents for disbursement. They also supply forms of acquittance rolls, etc., in which payees’ receipts are taken. Such acquittance rolls, etc., when completed shall be dispatched for record to the president of the local body concerned. Registers and forms, etc., for cattle pounds shall be obtained from the local bodies concerned.

(3) All such transactions on behalf of local funds shall be brought to account in the general cash book.

10-59. Chanda – When expenditure from the Chanda Fund is necessary a bill shall be made out by the Superintendent in Form 10-59 and sent to the Assistant Inspector-General of Police, Punjab, who, after checking the bill, will remit the amount by an R. T. R. expecting the case of Lahore where a cheques will be issued. The payee’s receipt for the money shall be sent to the office of the Inspector-General as soon as disbursement has been made.

10-60. Advances – Advances may be given to Government servants for the following purposes:-

(a) for building or purchasing a house,

(b) for the purchase of conveyance,

(d) for tour expenses,

(e) for expenses connected with the remittance of treasure,

(f) for law suits to which Government is party,

(g) to patients proceeding to a Pasteur Institute for antirabic treatment

(h) for payments of passages overseas.

The rules regulating the grant, utilization and repayment of such advances are contained in chapter IX, Civil Account Code, which must always be referred to before advances under this rule are applied for or granted.

10-61. Charges for Police Lock-ups – (1) Blankets, matting, earthen pots and other articles for the use of accused persons confined in, and the allowances paid to sweepers and bhistis for cleaning and supplying water to, police station lock-ups are provided on application by the Superintendent of Police and paid for by the Deputy Commissioner, expenditure being chargeable to head “28 – Jails”.

(2) Locks for, and cost of repairs to, police lock-ups are to be provided by the Police Department and debited to the contingent grant under head “Miscellaneous” or “Repairs to Buildings”.

(3) Proposals for the revision of sweepers’ and bistis’ allowances should, when necessary, be submitted to the Deputy Commissioner for the sanction of the Inspector-General of Prisons.

(4) Officers in charge of police stations shall send to headquarters monthly with the acquittance rolls of the police establishment a statement, showing whether the authorized establishment of lock-up menials has been present or absent during the whole or part of the month. From these statements the accountant shall prepare a bill in Form 10-61(4) for submission to the Deputy Commissioner, with an endorsement accompanied by a challan showing the amount to be disbursed direct by the sheriff to police stations by cash orders or letters of credit. The sheriff will send an intimation of his having made such disbursement to the police office.

(5) Receipts for allowances for bhistis and sweepers shall be taken in form 10-33(1) and sent to the Deputy Commissioner.

10-62. 56-Stationery – Expenditure for printing at private presses, lithographing and stationery supplied from Central Stores, is debited to the head “56 – Stationery”.

10-62-A. 47-Miscellaneous Departments (Transferred) – Registratoin of Vital Stations – Expenditure on account of the allowance of Rs.1 per mensem paid to clerk of police stations for the registration of births and deaths is debited to the head “47-Miscellaneous Departments (Transferred) – Registration Vital Stations”.

PART V

Pay and Allowances

10-63. Schedules of pay and allowances – The rages of pay sanctioned for all ranks and grades in the police department are shown in Appendix 10-63, Table A, and the allowances sanctioned for creation posts, either as special pay or as compensatory allowances other than conveyance, grain compensation or traveling allowance, are shown in Table B of the same appendix. Particulars of conveyance and grain compensation allowance are given in rules 10-75 and 10-78, and rates of traveling allowance are shown in Part VII of this chapter.

10-64. Health and age certificates – A medical certificate of health is required in support of the first claim made for the pay of a person substantively appointed to a permanent post in Government service. Such certificate shall, in all cases of appointments in the police department be in Form 10-64 and shall be signed by the District Health Officer of the district in which the appointment is made. In the case of all provincial and subordinate service officers, who receive their first permanent appointments in the ranks of and above that of sub-inspector, the health certificate shall be attached to the first pay bill. In the case of persons who receive their first appointments in lower subordinate rank the health certificates shall be attached immediately to their character rolls (or, in the case of non-enrolled establishment, service books) and a certificate to the effect appended to the standard form of lower subordinates’ pay bill. When a lower subordinate is promoted to the rank of assistant sub-inspector, his date of birth or age, according to the health certificate granted on his first appointment to Government service, shall be endorsed on the bill in which his ner pay is first drawn.

10-65. Date of reckoning pay and allowances – (1) An officer begins to draw the pay and allowances of a post when he assumes charge of the duties of that post. If a charge is transferred afternoon, the transfer does not affect allowances until the next day. (Fundamental Rule 17)

(2) The appointment, transfer, promotion, reduction, leave and discharge, form whatever cause, of upper subordinates and clerks shall be notified in the Police Gazette; a reference to such notification in the pay bill is authority for a new or altered charge made in consequence of it.

10-66. Conditions under which officiating pay may be drawn – A police officer appointed to officiate in a higher rank, or a clerk appointed to officiate in a higher class, shall not draw enhanced pay, unless he is actually called upon to assume duties or responsibilities of greater importance than, or of a different character from, those attaching to his substantive post.

Note – This rule does not apply to officers of the Indian (Imperial) Police officiating in the selection grade.

10-67. Pay of officiating posts – (1) Usually a Government servant is said to officiate, when he is performing the duties of a post on which another Government servant holds a lien, but Government is entitled to make an officiating appointment in a vacant post on which no lien is held. [Fundamental Rule 9(19)]

(2) A police officer officiating in a post will, subject to the provisions of Fundamental Rules 26-C, 30 and 35, draw the presumptive pay of that post, provided that, if the presumptive pay of the permanent post on which he holds a lien or would hold a lien, had his lien not been suspended under rule 13 of Fundamental Rules, should at any time be greater than the presumptive pay of the post in which he officiates, he will draw the presumptive pay of the permanent post. For the definition of “presumptive pay” – see rule 9(24) of Fundamental Rules.

(3) An officer officiating in a rank or grade will be entitled to such special pay and compensatory allowances as are authorized for appointments in such rank or grade, only if he actually performs duties or services under conditions for which such pay or allowances are granted.

(4) Special rules regarding rates of officiating pay in certain cases are given in Appendix 10-63, Table A.

10-68. Leaving sphere of duty – (1) Except when acting within his legal powers, a police officer is entitled to no pay or allowances for any time he may spend beyond his sphere of duty without paper authority. [Fundamental Rule 9(6)(b)].

(2) The orders regulating the grant of permission to police officers to proceed beyond their sphere of duty are contained in rule 10-120.

10-69. Last pay certificate – Last pay certificate of gazetted officers transferred are issued by the treasury officer of the treasury from which the officer last drew pay (in Lahore, by the Accountant General). (Article 41, 50, 70, Rule I, Civil Account Code, Volume I). In the case of non-gazetted officers, combined last pay and charge certificates will be issued by the head of the office (in A and T Form 289). If several men are transferred together from and to the same place, joint certificate may be issued. Any further information as to dues or recoveries, which may be received after the certificate has been given, should be communicated to the Superintendent of Police of the district to which the officer has been transferred.

10-70. Allowance of officer, suspended or dismissed – (1) Subsistence allowance at a rate not exceeding one-quarter of his pay may be granted by the authority suspending him to a police officer placed under suspension pending enquiry into his alleged misconduct. (Fundamental Rules 43 and 53).

(2) In a police officer under suspension is honourably acquitted of the charges against him, either as a result of the original enquiry or on appeal, the authority conducting the enquiry or accepting the appeal, as the case may be, ay grant him the full pay, to which he would have been entitled if he had not been suspended, and, by an order to be separately recorded, any allowance of which he was in receipt prior to being suspended. In cases of acquittal on other grounds the appellate or revising authority has discretion to prescribe the proportion of pay and allowances, which shall be granted.

In cases of honourable acquittal the period of suspension or dismissal will be treated as a period spent on duty. In other cases it will not be treated as a period on duty unless the revising or appellate authority so direct. Leave may not be granted to a Government servant under suspension. [Fundamental Rule 54 (a), (b).]

(3) The grant of allowances under the preceding sub-rules ordinarily requires the prior sanction of Government in the Administrative Department, if extra cost to the State is involved. In cases, however, where it does not exceed Rs.500, and where the period during which the Government servant has remained unemployed through suspension or dismissal does not exceed six months, the excess expenditure may be admitted on the sanction of the suspending authority, or the revising or appellate authority, as the care may be. (Finance Department letter No. 20314 (Finance Genl.), dated the 2^nd August, 1933).

(4) The pay and allowances of a police officer, who is dismissed from service, case from the date of such dismissal.

10-71. Honoraria – No police officer may accept any reward, fee or honorarium, other than rewards authorized under these rules, without the sanction of the Inspector – General. The conditions governing such sanctions are contained, in Punjab Financial Handbook No. 2, Volume-I, Chapter-5.

10-72. Compensatory allowance – Compensatory allowances granted in the police department include:-

Conveyance allowances, Traveling allowance,

House rent allowances, Hill allowances,

Grain compensation allowances,

And any other allowances granted to meet personal expenditure necessitated by special circumstances in which duty is performed. (Fundamental Rule 9 (5)]

10-73. Compensatory allowances during leave or temporary transfer – (1) During leave on average pay only, and up to a maximum period of four months, a compensatory allowance may be drawn both by the officer performing the duties of the post to which the allowance attaches and by the officer who has proceeded on leave form such post. The same concession is granted in cases of temporary transfer for periods not exceeding four months, provided in both cases that.–

(i) the authority sanctioning the leave or transfer, as the case may be, certifies that the police officer is likely to return, on the expiry of his leave or his temporary duty, to the post to which the allowance is attached or to another post carrying a similar allowance, and

(ii) the police officer certifies that he continues to incur the whole, or a considerable part, of the expense to meet which the allowance was granted. In the latter case it is left to the authority sanctioning the leave or transfer, as the case may be, to decide whether any and, if so, how much of the allowance should be reduced. In the case of house rent allowances this concession is subject to the further conditions reference to in rule 10-76.

A compensatory allowance granted on account of special expensiveness of living during joining time, on transfer from one post to another carrying a similar allowance, may be drawn by as officer in receipt of it, provided that if the rates differ in the two posts the lower rate only may be drawn. (Punjab Subsidiary Rule 14.2).

(2) For the drawl of compensatory allowance by an officer on leave or transfer from the post to which such allowance is attached, the claim should be submitted with a statement on the relevant expenses, to the authority sanctioning the leave or transfer ; that authority should then decide, having regard to the provisions of Fundamental Rules 44 and 93, how much of the allowance should be drawn and communicate his decision to the audit officer with a copy of the statement of expenses referred to above. (Note 3 to rule 14.2 of Subsidiary Rules).

(3) Controlling officers are responsible for taking steps to prevent conveyance allowance being turned into a source of profit – [vide Punjab Financial handbook No. 2, Volume-III, Rule 2, 10-(A)].

(4) During suspension, a compensatory allowance may be granted in accordance with Fundamental

(5) A police officer, who is in receipt of a conveyance allowance granted for the up-keep of a motor car or motor cycle, must attach to the traveling allowance bill for a journey by road performed otherwise than by motor car or motor cycle and for which full traveling allowance is claimed, a certificate to the effect that such vehicle has not been used for such journey.

Head constables and constables of the mounted police are entitled to draw their horse or camel allowance during joining time and leave of any kind. Inspectors, sub-inspectors, sergeants and assistant sub-inspectors in receipt of horse or pony allowance shall be allowed one month in which to remount themselves, in the event of the death or casting of their horses or ponies. If they fail to remount themselves within one month, the allowance will lapse from the date on which they ceased to maintain a horse unless the period for remounting is specially extended by the Deputy Inspector – General to two months under rule 7.2. Such officers are entitled to drawn their horse allowance during leave and joining time so long as a horse is actually maintained under orders of the Superintendent under whom they are serving.

All officers drawing conveyance allowances shall append one or other of the following two certificates, as the case may be, to the bills on which the conveyance allowance is drawn:-

(i) Certified that ___________________ conveyance for which the conveyance allowance at _____________ for ________________ has been charged in this bill was actually maintained.

(ii) Certified that the total period from the date on which the means of conveyance ceased to be kept and for which a conveyance allowance has been charged in this or the previous bills does not exceed 1month / 2 month allowed by / under note to rule 2.14 of the Traveling Allowance Rules.

(6) All conveyance allowances, except where specially excepted in rule 10.74 below, are subject to the means of conveyance for which the allowance is granted being actually kept, and a certificate to that effect must be attached to each bill on which the allowance is drawn. (Rule 2.14 of the Punjab Traveling Allowance Rules).

10.74. Exemption from keeping a horse or pony – The officers exempted under rule 7.2 from keeping a horse or pony shall or shall or drawn conveyance allowance, as may be ordered in the letter sanctioning the exemption.

10-75. Schedule of conveyance, horse or pony allowance – The following table shows officers who are entitled to conveyance allowance, and the amounts of, and conditions attaching to, such allowances.

1	2	3	4						5
Serial No.	Class of Officers	Nature of allowance	Rate sanctioned						Remarks
Serial No.	Class of Officers	Nature of allowance	Scale-I Rs. per mensem			Scale-II Rs. per mensem.			Remarks
			Rs.	a.	p.	Rs.	a.	p.
1.	Superintendents of Police, Lahore, Amritsar and Rawalpindi	Motor car allowance		…		75	0	0
2.	Deputy Superintendent in charge of Lahore Headquarters Police Stations.	Motor cycle allowance		…		30	0	0	On condition that the allowance will be reduced at the rate of 1 per diem when the Deputy Superintendent goes on tour beyond a radius of m miles from his headquarters.
2-A.	Headquarters Deputy Superintendent of Police, Amristar	Motor cycle allowance		…		30	0	0	On condition that the allowance will be reduced at the rate of 1 per diem when the Deputy Superintendent goes on tour beyond a radius of m miles from his headquarters.
3.	Headquarters Deputy Superintendent of Police, Rawalpindi	Motor cycle allowance		…		30	0	0	On condition that the allowance will be reduced at the rate of 1 per diem when the Deputy Superintendent goes on tour beyond a radius of m miles from his headquarters.

Serial No.	Class of Officers	Nature of allowance	Rate sanctioned						Remarks
Serial No.	Class of Officers	Nature of allowance	Scale-I Rs. per mensem			Scale-II Rs. per mensem.			Remarks
			Rs.	a.	p.	Rs.	a.	p.
3-A.	Headquarters Deputy Superintendent of Police, Multan	Motor-Cycle allowance		…		15	0	0
4.	Inspectors in charge of towns, Central Intelligence Agency Inspectors, Traffic-Inspector at Lahor, Reserve and Cantonment Inspectors (but not Railway Police Inspectors), Sub-Inspectors (except when employed as clerks or accountants or attached to the Railway Police or employed on prosecuting duties or in the Criminal Investigation Department, Police Training School or Finger Print Bureau) and Sergeants when required to keep horses.	Horse allowance	30	0	0	30	0	0	Police Sergeants stationed in Simla may also draw the allowance subject to the condition that the total number of such allowances drawn by Inspectors and Sergeants at Simla does not exceed five.
5.	Inspectors and Sergents attached to Cantonments, Cities and Civil Stations who are allowed to keep motor cycles instead of horses:-
	(a) Inspectors and Sergeants employed on traffic duties who are required to keep motor cycles.	Motor cycle allowance		…		50	0	0	The grant of conveyance allowance at these rates is admissible only when the Inspectors and Sergeants are allowed, with the sanction of the Inspector-General of Police, to keep a motor cycle instead of a horse.

Serial No.	Class of Officers	Nature of allowance	Rate sanctioned						Remarks
Serial No.	Class of Officers	Nature of allowance	Scale-I Rs. per mensem			Scale-II Rs. per mensem.			Remarks
			Rs.	a.	p.	Rs.	a.	p.
	(b) Inspectors and Sergeants employed on traffic duties and Reserve Inspector, Lahore	Motor cycle allowance		…		37	8	0	The grant of conveyance allowance at these rates is admissible only when the Inspectors and Sergeants are allowed, with the sanction of the Inspector-General of Police, to keep a motor cycle instead of a horse.
	(c) Inspectors and Sergeants employed on Cantonment and City duties	Ditto …		…		30	0	0	Ditto ditto
	(d) Inspectors employed as Reserve Inspectors	Ditto …	22	8	0		…		Ditto ditto
	(e) Inspectors and Sergeants employed on confidential and other headquarters duties	Ditto …	18	12	0	18	12	0	Ditto ditto
	(f) Reserve Inspector at the Police Training School, Phillaur	Horse allowance	30	0	0		…		Provided a horse is maintained
	(g) Four Inspectors and six Sergeants employed for the inspection of motor vehicles	Motor cycle allowance		…		22	8	0
6.	Sub-Inspector of Police, incharge of the Police Station Dagshi, Simla District	Ditto …		…		40	0	0

Serial No.

Class of Officers

Nature of allowance

Rate sanctioned

Remarks

Scale-I Rs. per mensem

Scale-II Rs. per mensem.

Rs.

Assistant sub-inspectors

Pony allowance

20 in special hill tracts

Deputy Inspectors-General may permit an Assistant Sub-Inspector attached to a cantonment, city or large civil station, who is a good rider and maintains the prescribed equipment, to keep a bicycle in lieu of a pony and to draw the usual bicycle allowance of Rs. 4 per mensem instead of the pony allowance of Rs. 15 per mensem

Band Master of the Police Band, Lahore

Conveyance Allowance

…

Inspector of Police on confidential work, Lahore

Ditto …

…

Provided that a horse is kept; if a bicycle is kept instead of a horse, with the sanction of the Deputy Inspector General of Police, the allowance will be Rs.3 per mensem

10.

Sergeants when not required to keep horses (except when employed as clerks or attached to the railway police)

Ditto …

Serial No.	Class of Officers	Nature of allowance	Rate sanctioned						Remarks
Serial No.	Class of Officers	Nature of allowance	Scale-I Rs. per mensem			Scale-II Rs. per mensem.			Remarks
			Rs.	a.	p.	Rs.	a.	p.
11.	Inspectors and Sub-Inspectors employed on prosecuting duties, or in the Criminal Investigation Department, Police Training School or Finger Print Bureau (except when ecployed as clerks), and Assistant Sub-Inspectors employed in the Criminal Investigation Department	Conveyance Allowance	11	4	0	11	4	0	Unqualified Sub-Inspectors who are employed on prosecuting duties are allowed horse allowance at the usual rates, provided they maintain horses, and are not entitled to special of Rs.30 per mensem sanctioned for Prosecuting Sub-Inspectors
12.	Horse Sowars …	Horse allowance	30	0	0	30	0	0
13.	Camel Sowars …	Camel allowance	20	0	0	20	0	0
14.	Officers incharge of the 3 Border Our-posts at Vehoa, Chittawatta and Lakhani, in Dera Ghazi Khan District	Horse allowance	20	0	0		…

Note – 1 – The rates sanctioned for scale II apply where the headquarters of the Government servants concerned are at any the following places:-

Lahore municipal area and cantonments.

Ambala municipal area and cantonments.

Jullundur municipal area and cantonments.

Multan municipal area and cantonments.

Rawalpindi municipal area and cantonments.

Sialkot municipal area and cantonments.

Jhelum municipal area and cantonments.

Ferozepore municipal area and cantonments.

Amritsar municipal area and cantonments.

The Murree and Kahuta tahsils of the Rawalpindi district.

Lyallpur municipal area.

Sargodha municipal area.

Simla district.

Kangra district.

Mandi, Suket and Chamba States.

Kalka, Kasauli and the Morni Ilaqa of the Ambala district.

The Pathankot tahsil of the Gurdaspur district.

The rates sanctioned for scale I apply to Government servants whose headquarters are situated elsewhere.

Note – 2 – No allowance shall be paid to an Inspector or a Sergeant who has a motor cycle provided and maintained at Government expense.

Note – 3 – Those officers in charge of Police Stations of the Ferozepore, Hissar, Muzaffargarh, Mianwali, Jhang and Shahpur districts, who have been permitted to keep a camel instead of a horse, will continue to draw a conveyance allowance of Rs.30 per mensem.

Note – 4 – The allowance for officers mentioned at serial (9), (11) and (12) of this rule is admissible ever when no conveyance is kept, but will not be drawn in addition to horse or bicycle allowance.

Note – 5 – Sergeants who are required to keep horses, may draw the usual conveyance allowance during the period they are undergoing training at the Police Training School, Phillaur.

Note – 6 – The sub-inspector incharge of the Murree Police Station is permitted to maintain a motor cycle in addition to a horse and to draw a motorcycle allowance of Rs.25 per mensem in addition to the horse allowance of Rs.30 per mensem drawn by him.

Note – 7 – Mounted Police Officers placed under suspension shall not be entitled to draw horse, pony or camel allowance, as the case may be, but shall hand over their mounts to the Lines officer, or the officer in charge of the mounted police, who shall be responsible for the feeding and keeping of such animals, vide rule 7-27(2).

Note – 8 – During leave or joining time a conveyance or horse allowance may be granted in accordance with Ruls 2-16 of Traveling Allowance Rules.

10-76. Free quarters and house rent allowance – (I) All enrolled police officers are entitled to free quarters for themselves in the Government barracks or other buildings provided at their headquarters. When such accommodation is not available other suitable quarters shall be provided or house rent allowance granted in lieu thereof. Such allowances will only be granted in cases where there are insuperable difficulties in leasing suitable accommodation by Government. The leasing of housed for, and recovery of house rent from, gazetted officers are government by Fundamental Rule 45-A and Subsidiary Rule 7-35.

(2) The following table shows the maximum rates of house rent allowances which may be granted to police officer; the amount of the allowance will be determined by the circumstances of each particular case:-

Nature of power

To whom delegated.

Extent.

To sanction house rent

(a) Inspector General of Police .

(i) European Inspectors

Up to a maximum of Rs.60 per mensm throughout the Punjab and Delhi Province in respect of Government Railway Police only.

Nature of power	To whom delegated.	Extent.
Contd. To sanction house rent allowance.	(b) Deputy Inspectors-General of Police and Assistant Inspector-General, Government Railway Police. (c) Superintendents of Police and Assistant Inspector General, Government Railway Police	(ii) Sergeants (1) Indian Inspectors at – (a) the headquarters or Cantonments of Delhi in respect of Government Railway Police only, Ambala, Lahore, Amritsar, Rawalpindi, Multan ,Simla, Lyallpur and Montgomery. (b) the headquarters or Cantonments of Jullundur, Karnal, Ferozepore, Gujranwala, Sheikhupura, Dharamsala, Sargodha and Campbellpur. (c) any other place in the Punjab. (2) Probationary Inspectors. (3) Sub-Inspectors. (a) the headquarters or Cantonments of Delhi, in respect of Government Railway Police only, Lahore, Amritsar, Rawalpindi, Multan,, Simla, Lyallpur, Montgomery, Muree and Dalhousie and at the Cantonment of Ambala. (b) the headquarters or Cantonments of Jullundur, Karnal, Ferozepore, Gujranwala, Sheikhupura, Sargoha, Campbllpur, headquarters of Ambala excluding the Cantonment and any hill station other than Simla, Murree and Dalhouie. (c) Any other place in the Punjab. (4) Probationary Sub-Inspectors. (5) Assistant Sub-Inspector, probationary assistant sub-inspectors and head constables at –	Rs. 45 per mensem throughout the Punjab and Delhi Province in respect of Government Railway Police only. Rs. 35 per mensem. Rs. 20 per mensem. Rs. 12 per mensem. Up to a maximum of half the rates admissible to Inspectors. Rs. 18 per mensem. Rs. 10 per mensem. Rs.6 per mensem. Half the rates admissible to sub-Inspector
Nature of power	To whom delegated.	Extent.
		(a) the headquarters or Cantonments of Delhi, in respect of Government Railway Police only, Lahorre, Amritsar, Rawalpinhi, Multan, Simla, Lyallpur, Montomery, Murree and Dalhousie. (b) the headquarters or Cantonments of Ambala, Jullundur, Karnal, Ferozepore, Gujranwala, Sheikupura, Sargodha, Campbellpur and any hill station other than Simla, Murree and Dalhousie. (c) Any other place in the Punjab. (1) In the headquarters or Cantonments of – (a) Simla (b) In the headquarters or Cantonments of – (c) Delhi in respect of Government Railway Police only, Hissar, Rohtak, Gurgaon, Karnal, Ambala, Ludhiana, Lahore, Gurdaspur, Sialkot, Gujranwala, Amritsar, Jhang. Multan, Rawalpindhi, Gujrat, Shahpur, Jhelum, and Attock. (2) Elsewhere . . . . . .	Rs.5 per mensem. Rs.3-8-0 per mensem. Rs.2-8-0 per mensem. Up to Rs.4 per mensem for married constables. Up to Rs.3 per mensem for married constables. Up to Rs.2 per mensem for married constables. Up to Re. I pe mensem for married constables.

Subject to conditions laid down in Rule 10-76 of Punjab Police rules and further, where, in any individual case, an officer is in receipt of house-rent allowance in excess of these revised rates (in above table) prescribed with effect from 1^st August 1929, he will continue to draw his existing allo3ance until such time as it automatically lapses by his transfer or by his proceeding on long leave.

Note - proportionate number of subordinates shall be provided with accommodation as follows:-

(i) Probationary inspectors house-rent allowance at half the maximum rates prescribed for inspectors.

(ii) Probationary sub-inspectors.- If married quarters are available and more than one sub-inspector or assistant sub-inspector is under training, two such probationary officers may be allotted to each quarter. If no quarter is available, probationary sub-inspectors should be granted house rent allowance at half the maximum rates prescribed for sub-inspectors.

(iii) Probationary assistant sub-inspectors. – A number of head constable’s rooms attached to barracks should be reserved for these officers.

(iv) Probationary sub-inspectors and assistant sub-inspectors at police stations. – Probationary officers shall occupy the rooms previously in possession of the sub-inspector in charge who should be granted house rent allowance if no married accommodation is provided by Government. Where, the sub-inspector in charge wishes to remain in the police station, probationary officers shall, if possible, occupy other available room. If, however, accommodation is not available probationary officers should be granted house-rent allowance, sub-inspectors at half the maximum rate and assistant sub-inspectors at the full rate admissible to them.

(3) A superior officer not below the rank of sub-inspector shall certify monthly in the case of Head Constables and Constable that their wives and families, if any, are residing with them, and that no official quarters are available. The number of allowances shall be reduced proportionately as married quarters become available. Generally priority shall be given according to length of service.

(4) Applications for house-rent allowance shall be made in form 10.76 (4) in the case of European Inspectors & Sergeants to the Inspector – General of Police, in the case of Indian Inspectors & Probationary Inspectors to the Deputy Inspector – General of Police or to the Assistant Inspector – General, Government Railway Police, in the case of Sub-Inspectors, Probationary Sub-Inspectors to the Superintendent of Police or to the Assistant Inspector General, Government Railway Police. A report from the Tahsildar as to whether the rent proposed is reasonable according to local rates shall be obtained through the District Magistrate on the application before it is submitted to the officers mentioned above. The grant of house-rent allowances to lower subordinates shall be governed by Rules 3-20 & 3-21. The payment of house-rent allowance to officers of all ranks is conditional on the regular submission in arrears by one month by the actual payees of receipts from the owner of the premises rented. If the receipt of the house owner is more than 1 month in arrears, no further allowance shall be paid until the house owner’s receipts are received. These receipts should be forwarded to the Accountant-General with a covering letter.

(5) Three registers of house-rent allowances sanctioned shall be maintained in each district in Form 10-76(5), (1) for European Inspectors and sergeants, (2) for Indian Inspectors and (3) for Sub-Inspectors, Assistant Sub-Inspectors and Head Constables.

(6) The Inspector-General of Police in case of European Inspectors and Sergeant and Range Deputy Inspectors-General of Police in case of Indian Inspectors shall submit to the Accountant-General a monthly consolidated statement in form 10-76(6) of sanctions to the grant or cessation of house-rent allowance to these officers serving in districts of the Punjab other than Lahore by the 10^th of the month succeeding that to which the sanctions relate. In the case of the Lahore district the monthly statements shall reach the Accountant-General by the 25^th of the month in which sanction is accorded to facilitate the pre-audit of monthly bills.

10-77. House rent allowance of officers on leave or transfer – House rent allowance may only be drawn during leave and temporary transfer when, in addition to the conditions in rule 10-73(1) being fulfilled, those in rule 14.3, Punjab Financial Hand Book No. 2, Volume-II are also complied with. The absentee may continue to draw the allowance up to four months if he certifies that his previous expenditure for a house continues during his absence and places his quarters rent free at the disposal of the officer deputed to officiate for him. If, however, the officiating officer is permitted on authority not less than that of a Superintendent of Police, to reuse to occupy those quarters, he and not the absentee officer will draw the allowance. (Subsidiary rule 14-6).

10-78. Grain compensation allowance – (1) Grain compensation allowance is a compensatory allowance admissible to whole time Government servants including those holding temporary posts, shoes pay lies within certain limits, to compensate them from time to time for the high prices of food grains. The allowance will be admissible according to the following scales:-

Rate of pay of sholetime Government servants.

Amount of grain compensation allowance admissible if average price of principal food grain of the district is

Not more than

But more than

Dearer than 7 ceers per rupee, but not dearer than 6 seers per rupee (I Scale).

Dearer than 6 ceers per rupee, but not dearer than 5 seers per rupee (II Scale).

Rs. per month

. .

Rs. per month

Note – The term “Pay” does not include a compensatory allowance.

(2) The rates of grain compensation allowance, according to the average price of the foodstuff for the district concerned, admissible for any month will be determined according to the rules framed by Government for the purpose, and should be ascertained monthly from the office of the Deputy Commissioner. (See Subsidiary Rule 14-16 in the Financial Hand Book No, 2, Volume II.)

(3) On receipt of intimation that grain compensation allowance is admissible for any month, arrears bills shall be prepared for all police officers and non-enrolled establishment (including whole-time menials) who are eligible to draw it. These bills shall be prepared in accordance with the instructions contained in Article 72, Civil Account Code. A list of absentees and a memo, of savings shall also be prepared and kept as an office record. The receipts of the payees shall be obtained in separate Urdu acquittance rolls.

10-79. Payment of pay of men discharged – The pay due to the date of an officer finally quitting Government service may be drawn before the end of the month. (Article 38, Civil Account Code, Volume I.) All sums due to such an officer should be paid on his leaving the force, and should on no account be withheld for remittance to him afterwards, as the latter course causes unnecessary correspondence and inconvenience. Amounts due to lower subordinates leaving the force permanently may be advanced from the permanent advance in cases where the preparation and encashment of supplementary pay bills or cheques would result in the man being detained beyond the date of his discharge. Superintendents are responsible that, prior to the marking of final payments to men about to be discharged, all lawful deductions are made and all dues to Government realized.

10-80. Pay of deceased police office – Pay and allowances should be drawn up to, and including, the day of an officer’s death; the hour at which death takes place has no effect on the claim. (Article 39, Civil Account Code, Volume I.)

10-81. Fund deductions – Deductions are made on account of the following funds:-

(i) General Provident Fund, -vide rule 10-173.

(ii) Post Office Insurance Fund. Deduction from pay bills may be made only under instructions communicated to the insured person’s superior officer by the audit officer A superior officer will, therefore, allow no deduction on account of premia or subscriptions to be made from pay bill except on account of those duly authorized to subscribe. (Article 237, Civil Account Code.)

10-82. Taxation – (1) Police Officers are not exempted from taxation in their individual capacities, but taxes other than income-tax shall not be collected departmentally on behalf of the taxation authorities. All reasonable information required by such authorities from an office regarding himself and his subordinates shall be supplied. (Article 44 to 46m, civil Account Code, and Appendix 2 of Civil Account Code, Volume I.)

(2) All pay, allowances, pensions, gratuity, fees, commission and perquisites enumerated in section 7 (I) the Income-tax Act (Act XI f 1922) are liable to income-tax with the following exceptions:-

(1) Travelling allowance.

(2) Conveyance or horse allowance.

(3) General Provident or other similar fund and life insurances provided that such deducted sums shall not exceed one-sixth of the salary.

(4) Advances of pay and other advances made by Government to its offices.

(5) Allowances attached to:-

The Military Cross.

The Order of British India.

The Indian Order of Merit.

The King’s Police Medal.

The Indian Police Medal.

(6) Extraordinary gratuities granted by Government to officers (or to their window, children or other representatives, as the case may be) who are injured or killed in the execution of their duties or who suffer injury or death owing to devotion to duty.

(7) The allowances or salary paid in the United Kingdom to officers on leave or duty in that country, whether such allowance or salary is paid in sterling in the United Kingdom or by means of negotiable rupee drafts on banks in India.

Detailed instructions will be found in the income-tax Act (XI of 1922) and Appendix 2 of the Civil Account Code.

(3) Motor vehicles owned by Government and kept for use by the police department are exempt from liability to pay tax under the Punjab Vehicles Taxation Rules, 1925.

(4) The Provincial Government has directed that professional taxes shall be levied by local bodies in accordance with rates fixed by them subject to the confirmation of Deputy Commissioner.

10-83. Pay bill of gazetted officers – (1) Pay and allowances of gazetted officers shall be drawn on form No. A. F-71 (b), and will be paid only upon the personal claim of the officer concerned and to his personal receipt (Article 49, Civil Account Code, Volume-I,).

(2) Gazetted officers may, under the conditions prescribed by Article 56, Civil Account Code, draw part of their pay from the treasury of the district in which they are serving and part through a bank in Lahore.

(3) No officer may draw an increased or a changed rate of pay or fixed allowance unless the bill is pre-audited or supported by a pay slip from the Accountant – General. The last pay bill of an officer finally quitting Government service and bills for rewards for proficiency in oriental languages require pre-audit.(Articles 51 and 55, Civil Account Code, Volume I)

10-84. Subordinate establishments – The establishment in each rank and grade and the number and description of allowances are sanctioned from time to time by the Provincial Government.

The sanctioned establishment may on no account be exceeded except in the case of allowances for officers acting in leave and other vacancies.

Upper subordinates are borne upon a provincial or range cadre; provided that the total sanctioned number in each rank and grade for the province or range is not exceeded, upper subordinates can be posted to districts at the discretion of the authority empowered to make such postings.

10-85. Annual establishment return – Superintendent shall submit the following statements by the 15^th April in each year to the Deputy Inspector-General:-

(a) showing the names of all upper subordinates who have been on leave other than casual leave, and under suspension during the year, with description and period of leave or suspension, the dates of beginning and ending being specified, and in cases of suspension it being stated whether the period is to count towards pension.

(b) Specifying the pay bills with which the health and age certificates of new incumbents entertained during the year were furnished to the Accountant-General’s Office.

(c) Specifying the names of upper subordinates who were shown in the previous year’s list, but were omitted form the current year’s list with particulars as to dates from which they ceased to be borne on the list and why.

On receipt of these statements Deputy Inspector-General shall cause a careful check of their accuracy to be made, and shall compile consolidated statements for all districts in their range; these they shall submit, together with muster rolls of their own office establishments, to reach the Central Police Office by the 1^st May. The Deputy Inspector-General, Criminal Investigation Department and the Assistant Inspector-General, Government Railway Police, shall similarly prepare and submit returns relating to upper subordinates and clerks borne on their lists. The lists, after being checked in the Central Police Office shall be forwarded to the Accountant-General with the annual printed list of inspectors, sergeants and sub-inspectors.

10-86. Changes in establishment – All changes in establishment due to officers leaving the service, or to promotions, reductions, transfers to other districts or departments, etc., shall be recorded form time to time as they take place in the Order Book and in the “Memorandum of Changes” maintained in Form No. 10-86, which shall be prepared separately for lower subordinates and temporary establishment.

Care should be taken that all appointments remaining vacant in the previous month are first recorded in this form before the changes of the current month are entered, and that all vacancies in the rank of constable are shown in the lowest grade.

10-87. Deductions – (1) All recoveries or deductions which are made form officers are either recurrent or casual.

(2) Recurrent deductions are made at a fixed rate on account of income-tax, or fund subscriptions.

(3) Casual deductions are those which are made to recover a specified sum, whether in one or more installments. No deductions other than those sanctioned by the Police Rules are permitted except such as are required to be made in compliance with the order of a court of law or other competent authority.

(4) Every casual deduction shall be supported by an order in the Order Book and shall be recovered at the rate prescribed in such order. If no rate has been prescribed the total of all deductions made in any one month should not ordinarily exceed one-third of pay.

(5) The accountant shall, immediately on receipt of authority in the form of the copy of the daily orders supplied to him (vide rule 10-89) make an entry of each deduction ordered in Form 10-87(5) “Memorandum of Deductions”. In the column for “Refunds” shall be included advances recoverable (rule 10-60), recoveries ordered by the Accountant-General or other competent authority, and recoveries due for previous months on account of commutation of leave, suspension, reduction and income-tax. Deductions outstanding in the previous month should be recorded first.

(6) All deductions shall, as far as possible, be made by short drawals from the pay of the officers concerned, and not in cash. When made in cash and when it is not possible immediately to credit the amount received in the treasury or hand it over to the payee, it shall be placed in the police cash chest.

10-88. Gradation lists of officers below the rank of Assistant sub-inspector – (1) For the purpose of awarding increments to all officers below the rank of assistant sub-inspector and checking pay bills, annual gradation lists shall be maintained in English in Form 10-88(1). Separate lists shall be maintained for each distinct time-scale.

(2)(a) the increments of pay due to these officers are who in Appendix 10-63, Table A.

(b) Previous service in the Army or police may be included as approved service if duly sanctioned under rule 12-24.

(3) On the last working day of each month the numbers of officers on each rate of pay shall be entered serially in the column for the current month, the numbers of the men on the first rate being entered in red ink, those on the next rate in black ink, and so on in alternate colours.

(4)(a) An increment shall accrue from the date it falls due unless it is whithheld in which case it shall be drawn from the date specified in the order withholding the increment. In withholding the increment the withholding authority shall state the period for which if is withheld and whether the postponement shall have the effect of postponing future increments.

(b) Reductions shall ordinarily take effect from the date specified in the order of reduction. If, however, the date is not specified, the reduction shall take effect from the date succeeding the date on which the order is passed. (Fundamental Rule 24 and 29 and Police Rule 16-5).

(5) When an officer is reduced for a specified period only, an entry shall be made in the column of remarks, opposite his name, giving a reference to the Order Book number and his name shall be re-entered temporarily at the bottom of the grade to which reduced or at such other position as may be mentioned in the order of reduction. A note shall be recorded in the column of remarks opposite the new entry showing the date on which the period of reduction expires. On the expiry of the period of reduction the second entry will be struck out and the name will re-appear in its original place.

(6) When forfeiture of approved service of an officer is ordered his name shall be struck out from its original position and re-entered in the particular place at which it should appear, after deducting the amount of approved service forfeited, a reference to the order Book being given in the column of remarks over the signature of the Superintendent.

(7) When an officer’s name finally ceases to be borne on the strength of the force from any cause it shall be struck out of the gradation list, a reference to the Order Book being given in the remarks column.

(8) The names of officers transferred from other districts shall be inserted at their proper place in accordance with their total approved service, such entries being signed by a gazetted officer.

(9) An index to each gradation list shall be maintained at the end of the book in the form of a serial list of constabulary numbers and, in a parallel column, the corresponding gradation list serial numbers. New gradation lists shall be prepared during the month of January of each year. The gradation lists shall be treated as permanent records.

10-89. List of absentees – The orderly head constable, as relevant orders appear in the Order Book, make entries in Form 10-89(A) regarding absences from duty of all kinds. This list shall be closed on the date in each month on which the preparation of acquittance rolls is begun, and shall be made over to the accountant, who will prepare the absentee statement in Form 10-89 (B) for upper subordinates only and the register of absentees in Form No. 10-89 (C) for lower subordinates. In the preparation of the register of absentees the following instruction shall be carefully observed:-

(a) Names of all men on leave (other than casual leave shall be entered in the register, whether their leave pay is drawn or held over for future payment, and whether any eave deduction is made from held pay or not.

(b) If leave pay cannot be paid to an absentee in the manner prescribed in rule 10-20 (2), or if the absentee does not wish to be paid monthly, such pay shall be held over for future payment.

(c) All deductions shall be made in the register for the month in which they become due, irrespective of whether the absentee drawn his pay or not. Deduction omitted from any cause in the register for the month in which they become due shall be made, if the absentee’s pay is held over for future payment, by short drawal at the time of payment, and if the pay has been disbursed, by deduction under “Refunds” in the “Memorandum of Deductions” for the succeeding month.

10-90. Acquittance Rolls – (1) The acquittance roll in Form 10-90(1)(A) for upper subordinates and in Form 10-90(1)(B) for lower subordinates provides the material from which consolidated pay bills are prepared and is the means by which pay is disbursed to individuals. Separate acquittance rolls shall be made out for each place at which pay is distributed by the officers noted below. The names of permanent places shall be entered in separate rolls:-

(1) Officer in charge of police stations – For all officers attached to their stations, including all posts subordinate to such stations, and for absentees residing in their jurisdictions.

(2) The Line Officer – For officers in the lines, officer, guards and hospital, orderlies and absentees residing at headquarters.

(3) Orderly Head Constable – For (a) officers serving and absentees residing in other districts, (b) offices under training at the Police Training School or serving in other districts and drawing their pay there (in such cases the name of the place or district should be noted in the column of remarks), and (c) officers who have rejoined during the month and who have not received their pay while absent. Separate acquittance rolls shall be prepared for class (c) above.

All acquittance rolls on account of pay and allowance for the current month shall be submitted so as to reach headquarters by the 20^th of that month.

(2) The accountant shall not prepare acquittance rolls. The preparing officers shall only enter the rate of pay and allowances and the total amounts claimed ; the accountant shall enter deductions and the balance to be paid after checking the entries with the assistance of the orderly head constable by means of the acquittance rolls of the previous month, the long roll, order book, register of postings and the records prescribed in rules 10-86, 10-87, 10-88 and 10-89. He shall then prepare the abstract on the reverse of the acquittance rolls.

(3) The following instructions for taking payees’ receipts on pay bills and acquittance rolls should be carefully observed:-

(a) The receipts of clerks in the Central Police Office, Criminal Investigation Department, Range and Railway Police Offices for pay and allowances shall be taken on the office copy of the combined pay bill and acquittance roll in Form No. C. A. C. 10 as inserted by correction slip No. 185, dated the 1^st October 1928, and amended by correction slip No. 317, dated the 1^st April 1930, to the Civil Account Code, Volume I. Such bills shall be preserved for six years but before they are destroyed the periods of temporary and officiating service shall be verified by the heads of offices from the bills concerned and the fact of verification recorded under proper attestation in the service books. The heads of offices shall also invariably give the necessary particulars with reference to Articles 370 and 371, Civil Service Regulations, in order to enable the Audit Office to decide later on, by reference merely to such particulars, whether the temporary or officiating service will qualify for pension or not ; for example, in the case of officiating service, the nature of the vacancy in which the clerk officiated and, in the case of temporary service, whether the temporary post was subsequently made permanent, shall be stated.

(b) The acquittance rolls of upper subordinates shall be destroyed after six years and those of lower sub-ordinates after 35 years after the procedure for verification of service detailed in clause (a) has been carried out.

Note – With regard to the verification of service from the pay bills and acquittance rolls see rule 12-36.

10-91. List of transfers and absentees – A list of officers who have left a station during the month shall be carefully prepared at the end of the acquittance roll as any omissions or mistakes in such list, cause great inconvenience. Changes occurring after the submission of the roll, but before the end of the month, shall be promptly and specially reported. If possible, they will be incorporated in the month’s accounts, otherwise they will be dealt with in the next month’s accounts.

Where local allowances are sanctioned, a list of all payments to, or transfers from, such localities made during the month, shall be submitted with the acquittance roll in Form 10-91. The list will be checked by the orderly head constable and the accountant who will endorse thereon their reports for the orders of the Superintendent and insertion, when necessary, in the Order Book. In the case of allowances attached to particular posts, and admissible only to the holders of such posts for the time being, care should be taken that no allowance is either entered in the acquittance rolls or drawn in the pay bills for any period during which such a post remained vacant. All certificates required by rule 10.76 et. seq. in support of claims of house rent, conveyance allowance and the like shall be attached with the list prescribed above.

10-92. Acquittance rolls for absentees – The pay of men under training at the Police Training School is drawn and disbursed by the Principal of the School, all students receiving a last pay certificate from their districts on first proceeding to the school. Acquittance rolls shall be prepared by the orderly head constable for such men for purposes of check only ; no amounts for disbursement should be shown in them. Separate acquittance rolls are required for obtaining receipts for pay of absentees. The names of men on leave, who have elected to receive their leave pay through the police station nearest to their homes (vide rule 8.16) in the acquittance roll of the police station concerned. Another acquittance roll shall be prepared by the orderly head constable for all men, who are to receive their pay by money order, the money order receipts being attached against the appropriate entries in this roll on receipt. Separate acquittance rolls shall similarly be prepared corresponding to the detail of each Remittance Transfer Receipt which is to be sent to another district on account of the pay of absentees. These acquittance rolls shall be sent to the Superintendent of Police concerned together with the Remittance Transfer Receipts, and shall be returned to the district of issue, duly signed by the actual payees.

10-93. Comparison and completion by the accountant – On receipt of the acquittance rolls, the accountant, with the aid of the orderly head constable, shall check and complete them. For this purpose he should first satisfy himself of the correctness of the “Memorandum of Changes” (rule 10-86), register of absentees (rule 10-89(B)), gradation list of constables (rule 10-88 (1), and “Memorandum of Deductions” (rule 10-87(5) by actual comparison with the Order Book entries. He shall then check the by means of these memoranda and his own check statement of postings (Form 10-93) which is based o the acquittance rolls of previous months, and after making all necessary corrections in red ink and initialing them, shall fill in the abstract on the reverse of the rolls. Appointments which existed for apportion only of the month shall be shown I fractions thus 27/30, 13/31 the upper figures showing the days for which the appointments existed and the lower ones the number of days in the month.

10-94. The Pay Sheets – When acquittance rolls have been thoroughly checked the entries concerning lower subordinates shall be transferred into the pay sheet (From No. 10.94), and totaled in accordance with the instructions noted on the form.

10-95. Monthly bills of upper subordinates – (1) From the acquittance rolls the upper subordinates pay bill shall be prepared in A and T Form No. 294 separately for permanent and temporary establishments. The dates and amounts of supplementary bills and date of relief or assumption of charge in the case of any noted. Gazette notification shall be quoted for all altered or new charges and provincial and range numbers shall be shown. The names of acting officers should be noted below the last entry of a substantive officer in the bill. Absentee statements referred to in rule 10.89 shall be attached to the bill.

(2) Absentee statements shall be submitted to the Accountant – General on the 15^th of the month following that to which the events relate:-

(a) By the Inspector – General:- a consolidated statement in the case of permanent or officiating vacancies in the rank of inspector and sergeant showing the complete chain of arrangements, and a statement showing permanent or officiating vacancies in the clerical establishment of the department.

(b) By Deputy Inspectors – General:- consolidated statement in the case of permanent or officiating vacancies in the rank of sub-inspector and assistant sub-inspector and officiating appointments in their places.

Note – A consolidated statement is not required in respect of sub-inspectors of the railway police.

(3) Deputy Inspectors – General shall forward to the Inspector – General on the 10^th of each month a statement showing permanent or officiating vacancies in the clerical establishment of their own offices. Superintendents shall forward on the 5^th of each month copies of absentee statements respecting inspectors and sergeants direct to the Inspector – General and copies of similar statements respecting sub-inspectors and assistant sub-inspectors to the Deputy Inspector – General of the range.

(4) Health, last pay and charge certificates shall be attached duty signed to the pay bills. Each allowance drawn by an officer should be shown separately below his substantive pay, and the authority for “personal pay”, if any, should be quoted.

10-96. Monthly bills of lower subordinates – (1) To facilitate the compilation of the lower subordinates’ pay bill the accountant shall prepare monthly the following memoranda:0

A. Memorandum for testing the grant of increments to constables [Form 10-96(1) (A)]. The object of this memorandum is to obtain from the figures in the gradation list [rule 10-88(1)] the correct amounts in each grade to be drawn respectively in the pay bills of permanent establishment and additional police, after consolidating broken periods in various grades and the vacancies in the lowest grade in the manner shown in the form.

B. Abstract of savings (form 10-94(1)(A) part.II), obtained from the memorandum of changes (rule 10-86). From these and the register of absentees and the pay sheet, the lower subordinates’ pay bill in Forms 10-96 (1)(B) and 10-27(1)(b) shall be prepared. In this bill names of individual officers need not be shown. Allowances according to Appendix 10-63, Table B, shall be shown in lump sums separately from pay, No office copy is necessary, if the pay sheet is properly prepared.

The following certificates, with such modifications as may be necessary, should be furnished before the pay bill is submitted for encashment.

(1) Received contents ; also certified that I have satisfied myself that all pay included in bills drawn 30 days previous to this date with the exception of those detailed below (of which the total has been refunded by deduction from this bill), have been disbursed to the proper persons and that their receipts have been taken in acquittance rolls filed in may office, with receipt stamps duly cancelled for every payment in excess of Rs.20. Further certified that all persons for whom pay has been drawn in this bill have actually been entertained during the month.

(2) Certified that no person in Superior Service on this establishment has been absent either on deputation or suspension or with or without leave (except on Casual leave) during the month, ad further that all appointments and promotions, temporary or permanent, have been recorded in the character rolls of the persons concerned under my initials.

(3) Certified that I have personally satisfied myself that during the month of _______ ___________19, for which this bill is drawn, the number of Constables of different periods of approved service was as follows:-

Number of Selection Grade Constables on –

Number of Foot-Constables

Rs.28

Rs.27

Rs.26

Rs.25

Rs.24

Rs.23

Rs.22

Rs.21

Rs.20

1^st grade at Rs.20

2^nd grade at Rs.19

3^rd grade at Rs.18

4^th grade at Rs.17

(4) Certified that the Head Constables and Foot Constables, Selection Grade, for whom pay in excess of the minimum has been claimed, have rendered the required period of approved service entitling them to the increased pay.

(5) Certified that no leave has been granted until, by reference to the applicant’s leave account maintained under Fundamental Rule 76, I had satisfied myself that it was admissible, and that all grants of leave and departures on, and returns from leave and all periods of suspension and deputation, have been recorded in the Service Books under my initials.

(6) certified that no person for whom house-rent allowance has been drawn in this bill has been in occupation of Government rent-free quarters during the period for which the allowance has been drawn.

(7) Certified that the Government servants for whom conveyance allowance has been drawn actually maintained camels / horses / cycles and were not employed as clerks.

(8) Certified that Special Pay has been granted to those actually performing duties of the posts for which it has been sanctioned.

(9) Certified that the Government servants for whom leave salary has been drawn equal to their substantive pay held substantively permanent post under Government on 24^th August, 1927.

(10) Certified that the actual payee’s receipts for house rent allowances are on record in all cases; that in no case is the amount paid to the house owner less than the amount of house rent allowance claimed; that Government rent free quarters were not available and that persons in receipt of the allowances lived with their wives (and families, if any) in the rented quarters during the period for which claim has been preferred.

N. B. – The words “received contents” should be scored through by the drawing officers in the case of bills presented at the pre-audit counter of Accountant-General’s Office.

(2) It should be noted that the figures given in columns 1 and 3 of the pay bill [10-96(1)(B)] represent the sanctioned strength and pay of the force, and that these alone can be checked in the office of the Accountant-General. It is necessary that the figures shown in columns 4 to 7 should be carefully checked and compared with the office memoranda referred to in sub-rule(1) above. The pay and acting allowances of a head constable officiating as an assistant sub-inspector shall be drawn in the upper subordinates’ salary bill, whilst in the lower subordinates’ bill his pay will be shown as a “Saving”. On the other hand the pay of a constable officiating as a head constable shall be included among the pay of constables. In such cases his acting allowance as a head constable shall be shown in the lower subordinates bill, by a separate entry, if it is the result of an average pay leave vacancy or of a chain of promotion or deputation vacancies; and, if the vacancy is caused by absence on leave on half or quarter average salary or without pay, by the amount being included in column 8 of the bill against the entry referring to head constables of the grade to which the absentee belongs.

(3) The certificates printed in the form should be signed after the officer signing has satisfied himself by the necessary check of the bills that he is able to do so.

(4) The specimen from published with these rules is complete with certificates and check memoranda, and should be carefully studied.

10-97. Arrear bills – (1) Arrears of pay and allowances shall be drawn in bills in form 10-96(1)(B) distinct from the monthly pay bills, and may be present at the treasury at any time. The amount claimed for each month must be shown separately, with a reference to the bills from which the amount was omitted, withheld, or refunded by deduction, or to any special authority sanctioning anew charge (Article 72, Civil Account Code, Volume I)

(2) If an upper subordinate is transferred with arrears of pay due to him, the fact shall be stated in his last pay certificate; his arrears may then be drawn in his new district.

(3) Arrears bills shall be thoroughly checked by a gazetted officer with the file of leave certificate (rule 8-15), and the register of absentees, and entry being made in the latter showing the date of drawing the sums withheld. If arrears are drawn at a lower rate than that shown as withheld in the register of absentees (on account of commutations of leave, etc.,) only the actual sum required for payment shall be drawn and an explanatory entry shall be made in the remarks column.

10-98. Disbursement of pay – Pay shall be disbursed by, or through the officers named in rule 10-40(2) or shall be remitted to absentees monthly. Remittance to absentees shall be made either by remittance transfer receipts or money order on the conditions laid down in rule 10-41.

10-99. Return of acquittance rolls – (1) Disbursement of pay must be completed as early as possible. Acquittance rolls should normally be returned to the accountant by the normally be returned to the accountant by the 20^th of each month, with payee’s receipts correctly entered in them, and an endorsement showing the cause, and giving the details of the amounts un-disbursed. Items for credit to an estate should be returned to headquarters to be credited to the police deposit account in the treasury. Sums remaining un-disbursed on the 20^th of the month on account of the absence of the payee, even though such absence by only temporary, shall also be returned to headquarters for refund to the treasury by being short drawn in the next month’s pay bill. Such sums can be re-drawn by arrears bill either simultaneously with the next month’s pay, if the absentee has by then returned to his station, or immediately he does so return. On no account may pay drawn be held in deposit un-disbursed.

(2) The accountant shall carefully examine each roll returned by disbursing officers and secure the correction of all errors and omissions. On completion of this check he will enter the amounts un-disbursed on the back of the pay sheet, sign thereon his report and place all the papers before a gazetted officer for check. The latter officer shall carefully check the reports of the disbursing officers and see that all un-disbursed amounts have been brought to account in the cash book. He will then sign a certificate to this effect.

10-100. Principals of check of pay bills – The primary responsibility for the correct preparation of pay bills rests with the orderly head constable and the accountant, who have at their disposal all the original authorities for changes, absences, etc. By means of the records and memoranda described in the foregoing rules they are required so to arrange the drawing and distribution of pay that only such sums are drawn from the treasury as are required, and that these sums are distributed for disbursement according to rule. The first check on the work of the above officers is required to be carried out by the head clerk, who shall verify each item of the bills by means of the prescribed registers and memoranda, and by reference to the Order Book and leave accounts, and shall verify all totals and calculations. When the head clerk has completed his scrutiny, the Superintendent himself, or another gazetted officer specially designated for the purpose, is required to make a general but thorough check before signing the bills. It is not incumbent on the gazetted officer to verify every total and calculation in detail, but it is his duty fully to satisfy himself that increments have been properly sanctioned; that all deductions, allowances, withholdings, refunds, etc., and all absences are supported by proper authority; that the calculations regarding establishment present on duty and vacancies are correct, and that the arrangements for the distribution of the total sums contained in the bills are in order. It is also the duty of the gazetted office signing the pay bills for any month to assure himself that the pay of the preceding month has been correctly disbursed and that all un-disbursed items are properly accounted for. Orders in each district shall prescribe dates for the completion of each stage in the reparation of monthly pay bills so as to ensure that the signed bills can be presented for encashment on the proper date.

10-101. Record – (1) Papers dealing with pay, arrears and supplementary pay shall be filed in the following order:-

(1) The memorandum of changes, the memorandum of the deductions, the acquittance rolls in the order in which they have been inserted in the pay sheet, and then the pay sheet itself. They will be bound in six monthly, quarterly or monthly volumes according to their bulk, in the following order:-

1^st. Those relating to upper subordinates.	Including those relating to arrears or supplementary bills.
2^nd. Those relating to additional police.
3^rd. Those relating to additional police.
4^th. Those relating to other temporary establishment

(2) Office copies of pay bills of upper subordinates shall be kept together and after the close of the financial year shall be bound in chronological order. Bills of permanent establishment and of additional police shall be filed separately.

PART VI

Contingent Charges.

10-102. Classes of contingent grants – Contingent charges in the police department are divided into tow classes-

(a) Contract contingencies.

(b) Special contingencies – known also as “audited” or “C class” contingencies.

Contingent charges include also Supplies and Service and allowances and Honoraria, which should, however, be shown separately in all bills and accounts. (Article 82, Civil Account Code, Volume I.)

10-103. Description of classes of contingent grants – (1) Contract grants are lump sums allotted annually, within which an officer may incur expenditure on the detailed heads of contingencies covered by the grant at his discretion, provided that the total allotment is not exceeded. (Article 82, Civil Account Code, Volume I.)

(2) The contract grants for the police department as a whole is fixed for three years period; consequently revision of the annual grants of subordinate officer, except by re-allotment within the total departmental grant, can only be made on the expiry of such periods. Deputy Inspector General will be called upon, when the grant is under revision, to recommend decreases or increases for the offices and districts under their control.

(3) Each head of an office is required systematically to estimate the expenditure which he can meet in any year from his contract grant, by allotting to the various units of expenditure included in the grant share of the total which each requires. It is only after fixed and inevitable charges, such as fixed allowances, hot and cold weather charges, etc., have been provided for, that balances can be made available for optional expenditure.

(4) Charges for Supplies and Service, Other Allowances and Honoraria and special Contingencies can only be incurred within the allotment provided in the budget under each unit of expenditure. Transfer of funds from one such unit to another requires the sanction of the competent authority.

10-104. Fixed Contingencies – (1) Fixed allowance for contingent expenditure are sanctioned for each district (a) for the purchase of country pens, ink, twine, glue, paste, etc., and (b) for the purchase of oil for lighting purposes.

(2) The rates of allowances for the purchase of oil for lighting purposes should be fixed and sanctioned by Superintendents by virtue of the powers delegated to them in serial No, 5 of the table appended to rule 20-9 of the Book of Financial Powers. All cases beyond their competence to sanction should be referred to the Inspector General.

(3) The rates of allowances for the purchase of country pens, ink, twine, glue, and paste, etc., should normally be as follows and should be sanctioned by Superintendents by virtue of the powers delegated to them in the above said rule of the Book of Financial Power.

			Rs.	a.	p.
For each police officer	. .	. .	10	0	0
For each Range Recruits Training Center	. .	. .	2	0	0
For each police station	. .	. .	2	0	0
For each police post	. .	. .	0	0	0
For each district inspector	. .	. .	1	0	0

Exception – Cantonment and City posts should be treated separately and special allowances should be sanctioned for them according to requirements.

Superintendents, however, are not bound by these limits as the above said rule covers all but exceptional cases which should be referred to the Inspector General for sanction.

(4) A provision for these allowances has been included in the annual allotment for contract contingencies of each district.

(5) The rates of these allowances should be periodically scrutinized and revised by Superintendents, if necessary, according to local conditions.

This will be subject to the condition that the allotment for contract contingencies from which these allowances are to be met should not be exceeded.

(6) These allowances will be drawn on regular establishment bill forms, - vide the note to Article 82, Civil Account Code.

(7) If any saving is anticipated in the annual contract grant owing to the abolition of posts, etc., the matter should be at once reported to the Deputy Inspector General who will inform the Inspector who will inform the Inspector General and also arrange for the utilization elsewhere of the saving so anticipated.

105. Permanent advances – (1) A permanent advance is intended to provide, on the responsibility of the officer entrusted with it, for emergent petty advances of all kinds, of or such payments as have to be made in advance of drawing bills, (Article 93, Civil Account Code, Volume I.)

(2) The permanent advances sanctioned for districts and other offices in the department are published from time in the police Gazetted. According to the rule of practice laid down by the Accountant General the amount of such advances will not ordinarily exceed one-half of the average monthly contingent expenditure of the office concerned.

(3) Each officer holding a permanent advance is required on transfer of charge and on the 15^th April in each year, to send to the Accountant General an acknowledgment of the amount accountable for by himself. [See also rule 10-106 (4) ].

10-106. Distribution of permanent advance – (1) The permanent advance allotted to a Superintendent should be distributed to subordinate officers in accordance with their requirements. Amounts so allotted should not be larger than is absolutely necessary and can be varied according to requirements. (Article 93, Civil Account Code, Volume I.)

(2) The following officers should hold portions of the permanent advance:-

(a) the senior officer of the prosecuting branch for all immediate expenditure on diet money, transport charges in connection with cases, etc., including the recoupment to officers in charge of police stations of similar expenditure incurred by them. With the approval of the Superintendent of Police this allotment may be sub-divided to provide an advance for prosecuting officers of and above the rank of sub-inspector stationed away from the headquarters of the district.

(b) The Reserve Inspector or lines Officer for advancing the cost of fares of policemen traveling on duty, freight of their baggage, transport charges on Government account, and petty purchases and repairs of Government buildings and property, which he is called upon to execute, and for advance payments required to be made under rule 10-79.

(3) Subject to the allotment to the officers specified in the preceding sub-rule of adequate shares of the permanent advance, further distribution may, if the necessity therefore is established, to the reader to the Superintendent, to gazetted officers in charge of sub-divisions and to the District Inspector. A small balance should remain in the hands of the accountant for emergent expenditure in the headquarters office, such as payment for value payable parcels and bearing charges, but, in accordance with the principal stated in rule 10-46 (vii) this officer should be used as little as possible as a disbursing officer. A statement showing the distribution of his permanent advance allotment made by the Superintendent shall be entered on the first page of the general cash book.

(4) All police officers holding allotments from the permanent advance are required to submit for record in the office of the Superintendent the certificate required by rule 10-105 (3).

10-107. Receipts for permanent advance expenditure – When money is spent from the permanent advance on account of contingencies, receipts should be taken as directed in rule 10-33 (I). Separate vouchers should be prepared for each separate charge, but the items making up one charge may be receipted on the same voucher; provided that items in excess of Rs. 25 shall be receipted in separate voucher from items of and below that sum.

10-108. Account of permanent advance – Officers to whom permanent advances are allotted shall keep an account of such advance in Form 10-52 (b). On the first page of the form shall be entered the amount of the permanent advance with the number and date of the Order Book entry by which it was allotted. The account shall be kept as far as possible in the manner prescribed for offices in chare of police stations by rule 10-52.

10-109. Bills for reimbursement of permanent advance – (1) For all judicial expenses paid from the permanent advance officers in charge of police stations shall submit bills in Form 10-109 (I).

The prosecuting inspector or a prosecuting sub-Inspector shall be responsible for checking such bills and for recovering the amount from the sheriff on the day of presentation. Except for very special reasons such amounts shall always be made over to the police officer bringing the bill. Any difficulty in securing prompt adjustment by the sheriff must be brought to the notice of the Superintendent. If necessary, to avoid delay, the prosecuting inspector shall meet the bills submitted by police stations from his own permanent advance.

(2) For the recovery of departmental expenses defrayed from the permanent advance, application shall be made in writing in form 10-109(2) as often as may be necessary to prevent the advance allotment from becoming exhausted. Such applications shall be supported by vouchers for each item. If a voucher is lost the procedure prescribed in rule 10-36(I) shall be followed. The accountant shall check such bills and obtain the orders of the Superintendent for payment or otherwise. The details of such bills will not be recorded in the contingent register (rule 10-110) until the payment order has been recorded in the Order Book. The accountant will be responsible for preparing abstract contingent bills at sufficiently frequent intervals and taking other steps to ensure the reimbursement of permanent advances as expeditiously as possible. Delays in this matter should be brought to the notice of the superintendent by officers holding advances, and all gazetted officers at inspections should pay particular attention to the manner in which the permanent advance has been handled.

10-110. Contingent register – Separate registers shall be maintained in Form 10-110 for each class of contingent charges in every officer to which a contingent grant is distributed as follows:-

I – Contract Contingencies.

II – C-class (Audited) Contingencies.

III – Allowances and Honoraria.

IV – Supplies and Service.

V – Police Lands Fund.

Each register shall contain as many columns as there are detailed heads prescribed in the connection for each type of contingent expenditure. Each unit will have its own money column. Units, such as “Rewards to private persons”, which are sub-divided should be linked by a bracket. The amount of the annual allotment grant and the progressive total of expenditure should be entered below the description of the nit. In the case of any item of expenditure which requires explanation on account of its unusual nature or amount, particulars should be entered in the column headed “Description of charge”, though the amount is entered only in its special column. The period to which any recurring charges refer should also be noted in the “Description” column. (Article 94, Civil Account Code, Volume I)

To enable the disbursing officer to watch the progress of expenditure under each unit, as compared with the budget grant, progressive balances and totals, as prescribed in the foot-note to the form, shall invariably be entered.

Should an increase, decrease, disallowance or misclassification under any unit of expenditure be notified by the controlling or audit officer, the necessary corrections shall be made in red ink by plus or minus entries in the figures of allotment, expenditure and balances.

Money drawn from the treasury and not expended by the end of the month (such as refunds of carriage charges by escorts, etc.) should be refunded into the treasury either in cash or by short drawal in the next abstract contingent bill. Such refunds should be deducted from the expenditure total. The amount can be redrawn when required.

10-111. Heads of contingent expenditure – (1) Appendix N. 10-111(1) shows the units into which the contingent grants are divided. The distribution of allotment is published annually in the Police Gazette in May. Bills for pay and other charges duly sanctioned for the month of March and previous months may be paid in anticipation of communication of the budget. Similar expenditure may also be incurred in emergent cases during the months of April and May in anticipation of communication of the budget allotment, provided such expenditure does not exceed the average monthly expenditure of the previous year.

Note – This relaxation should not be regarded as a relaxation of the rule contained in paragraph 12-5 of the Punjab Budget Manual under which the Heads of Departments are required to carry out the distribution of the grant not later than the 1^st May in each year.

(2) No salary charges of any kind (except for pay of hot weather establishment, pay of menials and of establishment of the police lands fund) and no additions to pay may be charged as contingent expenditure or included in contingent bills.

(3) All additional police contingent expenditure must directly concern the additional police post for which the provision for contingencies has been sanctioned. Expenditure which may legitimately be incurred under contingencies falls under the following heads:-

(i) Buildings – ‘Hutting charges’ include not only the initial provision for buildings but also the expenditure necessary for their maintenance as well as rental charges. Where additional police are accommodated in existing police buildings, a portion of the repairs to such buildings should be debited to the General Police Fund.

(ii) Furniture – No article of office equipment for the use of the supervisory gazetted staff should ordinarily be purchased out of the General Police Fund, but officers in direct charge of additional police posts may reasonably be supplied with such equipment. On the termination of a post this may be utilized elsewhere at the discretion of the Superintendent of Police of the district who should bear this in mind when making purchases initially. The same principle applies to the purchase of other equipment such as tables, chairs, benches and durries.

(iii) Lighting charges – Provision should invariably be made for the adequate lighting of the building occupied by the additional police. This implies the incurring of initial expenditure on the purchase of lamps and recurring expenditure in the supply of oil for such lamps.

(iv) Stationery – Such articles of stationery as are usually supplied by the Stationery Office and are required for use in connection with the post should be locally purchased by the Superintendent of Police (with the previous sanction of the Deputy Inspector-General of Police as required by serial No.20 of the table appended to rule 20-9 of the Book of Financial Powers amended by Punjab Government, Finance Department, Notification No. 24523, dated 26^th September 1927) at the expense o the General Police Fund, not from the district allotment for contingencies. A limited amount of stationery may be used in the headquarters office, the work of which is often appreciably increased by the existence of additional police.

(v) Traveling Allowance – Expenses incurred in the moving about of men working in additional police posts whether such charges would ordinarily be debitable to “Traveling Allowance” or to “Carriage of Constabulary”, should be met from the General Police Fund, provided that the journeys are definitely connected with the duties of the additional police.

(vi) Allowances to Bhishtis and Sweepers – The wages of bhishtis and sweepers entertained for additional police posts should be met from the General Police Fund. They should not be appointed without the sanction of the Deputy Inspector-General of Police as required by Serial No.6 of the table appended to rule 20-9 of the Book of Financial Powers. Their pay should be subject to maximum of rs.13 per mensem, plus local compensatory allowance wherever sanctioned.

(vii) Rewards – Rewards to the personnel of an additional police post should normally be met form the Additional Police Account.

(4) In no case should expenditure be incurred in excess of the amount sanctioned for contingencies, since there is no means of re-appropriation from some other source. Ordinarily the provision of 10 percent of salaries is ample to meet all demands, but if heavier expenditure is anticipated this fact should be represented when proposals for additional police are submitted to Government.

10-112. Abstract contingent bills – (1) When it is necessary to draw money for contingent expenses from the treasury, the accountant will draw a red ink line across the page of the register, add up the several columns and post the total of each unit in an abstract contingent bill in one of the following prescribed forms:-

(a) For Contract Contingencies {Form 10-112(1)(1)]

(b) For Audit Contingencies; Allowances and Honoraria Supplies and Services, and Police Land Funds [Form 10-112(1)(b)] – (Article 97, Civil Account Code, Volume I)

(2) The bill with all available vouchers, the numbers of which should be quoted in the bill, and the contingent register shall be laid before the head of the office, who shall compare the entries in the register with the payment orders and certify that the payment orders have been cancelled; that in the case of contract contingencies all vouchers for items above Rs.25 have been retained, and in the case of audited contingencies all vouchers for items above Rs.25 have been attached to the bill or will follow. He shall then sign the bill and also the corresponding entry in the cash distribution register (rule 10-42). When the Cash Book is checked every month, the officer checking it, or an officer specially detailed for the duty by the checking officer, should check contingent bills in the detail and certify in the contingent registers that vouchers for all items of expenditure have been received that the vouchers for items above Rs.25 have been forwarded to the Accountant-General and that all other vouchers have been so defaced that they cannot be used again.

(3) It has been ruled that the head of the office or the gazetted officer to whom the duty has been delegated (rule 10-2) must himself initial the entries in the contingent register. If this duty has been performed by a non-gazetted officer, during the absence of the gazetted officer, the latter must on return to headquarters review the register and re-initial the entries; any omissions in this respect shall be rectified without fall at the time of signing an abstract bill.

Note – Sub-vouchers for Rs.25 or under which are not submitted to the Audit Officer should be reserved for a period of one year, and those above that limit for 3 years. The vouchers should not, however, be destroyed even after the expiry of the prescribed periods until departmental audit for the relevant period has been conducted and any objections relating to those sub-vouchers have beer settled.

10-113. Clothing and Equipment allowances – (1) The following allowances are sanctioned by Government:-

(a) An initial grant of Rs.8 on account of clothing and Rs.2 for equipment for each head constable and constable added to the sanctioned strength of the force. The grant for each head constable and constable added to the sanctioned strength of the force at the following places will be as shown against each:-

1.	Simla District	Rs. 19
2.	Kasauly
3.	Kyeland
4.	Suraj
5.	Dalhousie	Rs. 15
6.	Balun
7.	Bakloh
8.	Murree

(b) An annual clothing allowance of Rs.8 (for Simla district Rs.12) for each head constable and constable calculated according to the sanctioned strength of the force. The annual clothing allowance for each head constable and constable sanctioned for the following places will be:-

For lower subordinates of Simla district		Rs.19
For lower subordinates posted at:-
Police Station	Kasauli
	Kyelang
	Suraj
	Dalhousie	Rs.15
	Calun
	Bakloh
	Murree

(c) An annual equipment allowance of rs.7 for each mounted head constable and constable and of Rs.2 for each unmounted and mounted head constable and constable.

(d) An initial grant of Rs.15 for the provision of a bed and box for each head constable and constable added to the sanctioned strength of the force.

(e) An initial grant of Rs.75 on account of clothing an of rs.125 on account of equipment for each upper subordinate on first appointment to the police department and each head constable promoted to officiated or promoted substantively to the rank of assistant sub-inspector and an annual grant of Rs.19 on account of clothing and of rs.6 on account of equipment for each upper subordinate borne on the sanctioned strength. The Lady Inspector, Government railway Police, shall be given a combined initial grant for clothing and equipment at Rs.140 and an annual renewal grant of Rs.80.

The initial and annual grants on account of clothing for upper subordinates sanctioned for the following places will be Rs.113 and Rs.32, respectively:-

1.	Simla District
2.	Police Station Kasauli	(District Ambala)
3.	Kyelang	Kangra district
4.	Suraj	Kangra district
5.	Dalhousie	Gurdaspur district
6.	Calun
7.	Bakloh
8.	Murree	(Rawalpindi district))

(f) An annual grant in the case of officers of the Criminal Investigation Department as follows to enable them to make up their own clothing in lieu of free annual issues of uniform:-

Inspectors, sub-Inspectors and Assistant Sub-Inspectors Rs. 25 per annum

Head Constables and Foot Constables Rs. 10 per annum

(g) A sum equal to ten percent of the gross estimated total grant for police clothing and equipment, calculated according to the existing schedules, shall remain at the disposal of the Inspector-General as a reserve to enable him to meet any unforeseen items of special expenditure incurred by district officers on clothing and equipment. This amount shall be in addition to the gross estimated grant and shall not be deducted from it. When any reduction in establishment is made during the year after the annual clothing and equipment allowances for that year have been drawn, a proportionate reduction from the date on which the establishment was reduced shall be made in the allotment for the succeeding financial year.

(2) Charges for clothing and equipment in the case of existing establishment shall be drawn in each year immediately after the annual budget allotment statement of contingent expenditure has been published for each district, by separate special contingent bills [ A and T No. 309} and shall show the number of men for whom the charge is made and the rater per man. When additions to establishment are sanctioned the allowance (a), (b) and (c) shall also be drawn by special contingent bills in the same form, on receipt of such sanction. Such bills will be presented at the treasury and the amounts will be credited by the treasury officer to the police deposit account.

Note – Such bills should be endorsed “not payable in cash, but by transfer account” and headed “special contingent bill for the financial year 19 ”.

The following certificate shall be added and signed by the Superintendent when drawing the sum referred to in clause (c) of sub-rule(1) above:-

Certified that I have satisfied my self that the sum of Rs__________ at the rate of Rs.16 per head has been paid to ____________________ lower subordinates of this district who were enlisted prior to the 1^st April 1905 and who have ceased to be members of the clothing fund.

(3) In the event of the allotment on account of clothing and equipment being reduced for any reason, the amount in question shall be deducted both from the police deposit account and the budget allotment by means of entries on the disbursement side of the general cash book, contingent register and the cheque book. The necessary intimation shall at the same time be made by the Superintendent direct to the Accountant-General, with a view to the necessary correction being made in that officer’s books and those of the treasury officer concerned.

10-113-A. Contingent charges not to be drawn as an advance – The postponement of payment for charges incurred, or the drawing of money not required for immediate disbursement is strictly prohibited. When it is necessary to advance funds to a police officer or contractor for the purchase of material for the carrying out of Government work, the Superintendent of Police is responsible that receipt vouchers, showing that the full amount has been actually spent of purchase of such material, shall be obtained within one month, in support of the contingent bill on which the sum for advance payment was drawn.

10-113-B. Money which lapses – Money drawn against the budget allotment of disbursing officers, but not spent up to the 31^st March, will lapse to Government and must be refunded to the treasury by short drawal. Such sums can only be drawn again from the fresh budget allotment and under a fresh order of the proper sanctioning authority.

10-114. Contingent charges pertaining to a month – Contingent charges are to be recorded as charges of the month in which they were actually disbursed form the treasury; and if an abstract contingent bill headed as belonging to one month be presented or re-presented for payment in the next, it will be returned for correction, as it must be treated in the accounts as a charge of the month in which the money is actually disbursed form the treasury. (Article 90, Civil Account Code.)

10-115. Inter-departmental transfers – (1) Detailed rules on this subject are contained in Rule 8-21 of Punjab Financial Rules Volume I (Financial Hand Book No.2). Payments of amounts due by one public department to another should ordinarily be made by book transfer.

(2) Work bills received form other departments for articles supplied should be checked and, if correct, passed without delay by countersigning both copies. The amount to all work bills so passed shall be added below the total of disbursement in the grand total of the next abstract contingent bill presented for payment, entries to correspondence being made in the appropriate columns of the contingent register. Of the two copies of the bill one shall be returned to the sender, and the other placed in the appropriate monthly file of receipt vouchers (rule 10-35). A note should be made in red ink on the copy to be returned to the sender showing in which month’s departmental return credit has been taken for the volume of the supply.

10-116. Expenditure for other officers – Contingent expenditure may be incurred for other officers of the Police Department up to Rs.50 in the circumstances covered by Article 112, Civil Account Code. Where expenditure of more than Rs.50 is thus incurred in one financial year application should be made for an extra budget grant.

10-117. Railway Warrants – (1) Railway warrants in Form No. 10-117(1) shall be issued only in cases of emergency or when the amount available in the permanent advance is not sufficient to meet the cost of the fares of the party or individual police officer proceeding on duty by rail, and for constables proceeding on courses of training Books of railway warrant forms shall be kept in the office of the Superintendent under lock and key in charge of the head clerk. One book at a time may be issued to the Lines officer, who may issue warrants under the restrictions set forth above. The book shall be kept under lock and key and the Lines Officer shall be held personally responsible for its proper custody. Warrants may be used by Police Officers when travelling by rail on duty. They must not be used in lieu of leave warrants issued free to members of the Punjab Railway Police under rule 2-120 of Travelling Allowance Rules, - vide sub-rule 10-117(3) below. Detailed instructions for the use of warrants are given on the back of the form.

(2)(a) When a party to whom a warrant has been issued returns, the senior police officer shall hand in the foil of the railway warrant headed “ for Superintendent of Police” to the Lines officer, who after noting on the corresponding counterfoil “Duplicate received back on (date) and forwarded to accountant”, shall forward the foil in question to the accountant for record. This will ensure copies being available both in the lines and the office for checking travelling allowance bills. The gazetted officer in charge of lines shall check the railway warrant book once a month and sign each counterfoil in token of having satisfied himself that its use was really necessary. All the foils received by the accountant during a month shall ten be entered in a statement showing the number, date and amount of each warrant, and this statement, after being countersigned by the Superintendent, shall be forwarded to the Accountant-General, not later than the 10^th of the month following that to which the warrants relate. These statements will be compared in the Audit Office with the third foils of warrants, to satisfy himself that they have all been properly issued and properly used, and to inflict and recover penalties for improper use. Any police officer using a railway warrant contrary to these rules shall, in addition to undergoing such other penalty as a competent authority may award, be required to refund the amount of the fares entered in the warrant. Such deductions shall be credited in the treasury, either in cash or by short-drawal.

(b) If the travelling party is required to return to the place of departure; the officer issuing the warrant for the outward journey shall issue also a second warrant for the return journey; but if the return journey will start from a station in another province, money for the purchase of railway fares for such return journey shall be advanced to the officer in charge of the party before it departs on its outward journey. If a warrant for a return journey is lost or mislaid, the officer in charge of the party shall obtain and advance for the purchase of necessary fares from the permanent advance of the nearest police officer, whether in the same or another district.

(3) Members of the Punjab Railway Police whose homes lie in areas not served by the North-Western Railway may, when proceeding on leave to their homes and returning from such leave be granted warrants for the fare by rail to which they are entitled under Travelling Allowance Rule 2-15, provided that :-

(i) they would be eligible for free passes if they were living within an area served by the North-Western Railway, and

(ii) the number of warrants shall not exceed three return warrants per man in one year (Rule 2-120, T.A. Rules).

Note – The North-Western Railway Administration have agreed to the issue of return tickets (ordinary or week-end) on presentation of a warrant and use should be made of this concession whenever the nature of the duty for which the journey is undertaken permits of its utilisation. The fact that return tickets are required should be indicated by the word “Return” written in bold letters in red ink across the top of the form.

10-118. Tour charges – (1) Marching establishment may be entertained by the following officers whilst they are in camp and when their camps are necessarily kept up, subject to the maximum number of the servants shown against them:-

Superintendents, Assistant and Deputy Superintendents	One Khalasi at Rs.13 per mensem
Inspector-General and Deputy Insepectors-General	Two Khalasis at Rs.13 per mensem each

(2) In every case where Government tents are taken by gazetted officers on tour, whether for their own or their office use or for that of their private servants, half the carriage will be borne by Government and the other half shall be paid bythe officer or officers using the tents.

(3) Tents occupied by inspectors and sub-inspectors of police (including European sergeants) on tour, and tents occupied by police guards or chaprasis will be carried wholly at Government expense. All such charges as well as those incurred in connection with the carriage of office registers, records stationers, etc., taken on tour will be shown under contingent head “Tour Charges”. The scale of tentage authorised is given in rule 5-20.

10-119. Record – Applications and bills appertaining ot the payment of each class of contingent charges shall be kept in monthly files and arranged according to the serial numbers of the vouchers, the relevant voucher number being quoted in red ink on the top of the papers relating to it.

Part VII

Travelling Allowance

10-120. Sphere of duty – The sphere of duty for purposes of travelling allowance has been defined (Rule 1-23, Travelling Allowance Rules) as follows for different chases of Police officers:-

Serial No	Class of Officer	Sphere of duty	Authority competent of allowance journeys beyond sphere of duty	Extent
1	2	3	4	5
1.	The Deputy Inspector-General of Police, Criminal Investigation Department, Punjab, and Gazetter officers of Government Railway Police and Criminal Investigation Department.	The Province	Inspector-Genral of Police	Full powers in individual cases, provided that the absence, is for reasons of a public nature which should be stated and does not exceed 14 days in each case
2.	Deputy Inspectors-General of Police Rangers	Respective Range	Ditto	Ditto
3.	The Assistant Inspector-General of Police, Punjab	The Province	Ditto	Ditto
4.	Gazetted Officers attached to districts	The boundaries of their districts	Deputy Inspector-General of Police	Ditto
5.	Prosecuting Inspectors and Sub-Inspectors and Reserve, City and Cantonment Inspectors	Their headquarters stations	The Superintendent of Police under whose orders they are serving	Ditto
6.	Inspectors Sub-Inspectors Assistant Sub-Inspectors, Head Constables and Constables of the C.I.D., Punjab	The Civil Station of Lahore or any other station to which such officer may be posted temporarily or permanently by specific order	The Superintendent of Police under whose orders they are serving
7.	Inspectors Sergeants, Sub-Inspectors, Assistant Sub-Inspectors, Head Constables and Constables of the Government Railway Police, Punjab	The Railway Police District	The Assistant Inspector-General, Government Railway Police	Full powers in individual cass, provided that the absence is for reasons of a public nature which should be stated and does not exceed 14 days in each case

Serial No	Class of Officer	Sphere of duty	Authority competent of allowance journeys beyond sphere of duty	Extent
1	2	3	4	5
8.	Other Inspectors, Sergeants, Sub-Inspectors and Assistant Sub-Inspectors	The boundaries of their districts	The Superintendent of Police under whose orders they are serving	Full powers in individual cass, provided that the absence is for reasons of a public nature which should be stated and does not exceed 14 days in each case
9.	Other Head Constables and Constables	The boundaries of the tahsil within which their headquarters are situated	Ditto	Ditto
10.	Inspectors, Sergeants, Head Constables and Clerks of Motor Vehicles Staff	Headquarters of the group	Superintendent of Police of the district in which group headquarters are fixed

Note – A Police Officer acting in the exercise of his legal powers does not require prior sanction to proceed beyond his sphere of duty.

10-121. Rates of travelling allowance admissible to police officers – Appendix 10-121(a) and (b) show the rates of travelling allowances admissible to police officer for different classes of journey.

10-122. Mileage allowance – A mileage allowance is an allowance calculated on the distance travelled, which is given to meet the cost of particular journey on the principles explained in rule 2-25, Travelling Allowance Rules. Mileage allowance will ordinarily be granted by the route which is the cheapest and most expeditious.

10-123. Point of commencement and end of journey – The point in any station at which a journey is held to commence or end is the chief public office or such other Point as may be fixed for the purpose by the Provincial Government. (Rule 2-27, T.A. Rules). A list of points thus fixed is given in Appendix D of the same rules.

10-124. Mileage allowance for journeys by railway, sea or by river steamer – For the purpose of calculating mileage allowances by rail and steamer the class of accommodation sanctioned for a police officer in rule 10-121 is further defined as follows (Rules 2-29 and 2-32 of the Punjab Travelling Allowance Rules) :-

Class accommodation	By Railway	By sea or by river steamer
First class	Highest class	Highest class
Second class	Second, or, if the line by which he travels provides no second class accommodation on any train, the highest class	Second class – If there be two classes only on the steamer, the higher class, if there be more than two classes, middle or second class.
Intermediate class	(1) On any railway which provides no intermediate class accommodation on any of the trains which stop at the stations to and from which the police officer is travelling:-	(1) If there be two clases only on the steamer the lower class:- If there be three classes, middle or second class; If there be four classes, third class
	(i) Where there are two classes only, lower class; and (ii) Where there are three classes, second class if his pay is not less than Rs.100 and third class if it is less than Rs.100 (2) On any railway which provides intermediate class accommodation on trains which stop at the stations to and from which he is travelling, intermediate class	Provided that competent authority may direct that any Government servant whose pay does not exceed Rs.45 is entitled, for journeys generally or for particular journeys, to accommodation in lowest class
Third Class	Lowest class	Lowest class

Note – In cases where the intermediate or third class railway fare is higher for journeys made by faster trains than it is for journeys made by other trains, police officers entitled to the intermediate or third class of railway fare will not in general be allowed to draw mileage allowance regulated by the higher rate unless special reason can be shown for the necessity of travelling by the faster train and, in the case of transfers and recalls from leave, such mode of travel was expressly ordered in advance.

10-125. Mileage allowance for journeys by road – (1) For the purpose of these rules, travelling by road includes travelling by sea or river in a steam or motor launch or in any vessel other than a steamship, and travelling by canal.

(2) In calculating mileage allowance for journeys by road, fractions of a mile should be omitted from the total of a bill for any one journey but not from the various items which makeup the bill.

(3) If a police officer travels by stage carriage he can receive 1-2/3 fares actually paid in exchange for mileage (Rules 2-38 – 2-40 of T.A. Rules).

10-126. Mileage allowance for Journeys performed by motor car or motor cycle – Police officers travelling by motor car or motor cycle between places connected by railway may be allowed mileage allowance; provided that the Inspector-General, or the Deputy Inspector-General in respect of journeys by officers serving under them within such officers districts, certifies that the journey was performed in the public interest (Rule 2-41 T.A. Rules). For the purpose of this rule the fact that a motor car or cycle may be required for duty within the limits of another station is not in itself sufficient justification for a claim.

10-127. Journeys by special conveyance – When a police officer is required by the order of a superior authority to travel by special means of conveyance, the cost of which exceeds the amount of the daily allowance of mileage allowance admissible to him under the ordinary rules, he may draw the actual cost of travelling in lieu of such daily or mileage allowance. The bill for the actual cost must be supported by a certificate signed by the officer ordering the journey and countersigned by the controlling officer, that the use of the special means of conveyance was absolutely necessary, and specifying the circumstances which rendered it necessary (Rule 2-45 T.A. Rules).

10-128. Definition of tour - A police officer is on tour when absent on duty from his headquarters either within, or, with proper sanction (vide rule 10-120), beyond his sphere of duty. A journey to a hill station is not treated as a journey on tour (Rule 2-47, T.A Rules).

10-129. Distance to be travelled before daily allowance is admissible – Daily allowance may not be drawn for any day on which a police officer does not reach a point outside a radius of five miles from his headquarters or return to his headquarters from a similar point. The actual amounts which may be spent on tolls and on fares for journeys by railway or other public conveyance within five miles of headquarters may be drawn. (Rule 2-54, T. A. Rules).

10-130. Halts on tour – Daily allowance may be drawn for a halt on tour or on a holiday occurring during a tour, provided, as a general rule, that the halt in any one place does not exceed ten days. After a continuous halt of ten days, the halting place ordinarily regarded as the officer’s temporary headquarters. Fro the method of calculating the duration of a halt, and the conditions under which daily allowance for prolonged halts may be granted, Travelling Allowance Rules 2-55 to 2-57 should be consulted.

10-131. Mileage allowance on tour – (1) When a journey by road only is performed mileage allowance may be drawn in addition to daily allowance for such portion of the journey as is in excess of (a) 25 miles if the journey starts from and ends with the same place on the same day; and (b) 15 miles in other cases. If, however, the mileage for the firs 25 to 15 miles (as the case may be) be less than the daily allowance, mileage should be drawn instead of daily allowance, provided the mileage calculated for the entire journey be not less than the daily allowance. For journeys from headquarters and back not exceeding 25 miles performed on the same day to a place beyond a radius of 5 miles the travelling allowance drawn should be mileage allowance or daily allowance, whichever is less.

(2) For journeys by rail or steamer, in addition to the rates admissible for such journeys, half daily allowance may be drawn for the day of departure and arrival including days of departure from and arrival at headquarters.

(3) When on any day, a journey by road is combined with a constable, may draw, in lieu of his daily allowance, mileage allowance in respect of the journey by rail or steamer or both plus either (1 half daily allowance of (2 if the journey by road does not exceed (a) 25 miles if it starts from, and ends with the same place on the same day, and (b) 15 miles in other cases, mileage allowance restricted to daily allowance. If these limits are exceeded he may draw in addition mileage allowance for the excess number of miles. Mileage allowance under this rule is calculated to and from the railway station.

Note 1 – Short journeys within a radius of five miles from headquarters may not be added to other journeys when calculating the distance travelled by road or the amount of mileage allowance admissible for road journeys.

Note 2 – in the case of a journey by a sub-inspector or assistant sub-inspector the place visited must be beyond his jurisdiction

(4) When a journey by road is performed in a private motor vehicle, which is not eh property of the Government servant travelling, travelling allowance will be regulated by rule 2-159 of the Travelling Allowance Rules.

Note 1 – When two or more Government servants travel in a motor vehicle belonging to one of them the travelling allowance of the owner of the vehicle will be regulated by the ordinary rules, and the travelling allowance of the other government servants, travelling with the owner will be regulated by the rule referred to in sub-rule(4) above even though they may have incurred some expense for the use or propulsion of the vehicle in question.

Note 2 – The words “private motor vehicle” used in sub-rule(4) do not include pubic motor vehicles plying for hire (Rules 2-59 – 2-61-A, T.A. Rules).

10-132. Rules specially applicable to constables – The following provisions apply to constables as distinct form other ranks in the police force:-

(i) For journeys by rail, mileage allowance may be drawn in addition to daily allowance for each day. (Rule 2-63(a), T.A. Rules).

(ii) For journey by sea or river steamer, daily allowance at double the rate ordinarily admissible to him may be drawn in addition to mileage allowance, provided that, whatever be the nature of other journeys which may be combined with the steamer journey, no further daily allowance may be drawn for any day for which this double allowance is drawn (Rule 2-63(b), T.A. Rules).

(iii) For a journey by road mileage and daily allowances at the rates allowed for “interior serve” are admissible on the same terms as for other police officers (rule 10-121) and, on any day when a constable travels by public or hired conveyance, mileage allowance may be drawn instead of daily allowance, provided the head of the officer certifies the necessity of such mode of travel. If, However, the journey is performed in a private motor vehicle (belonging to another Government servant) for the use of propulsion of which he does not incur any expense, he will draw daily allowance only in respect of this journey and no mileage allowance.

(iv) For a journey by road combined with journey by railway or steamer, or both, the allowances admissible for the rail or steamer journeys under clauses (i) or (ii), as the case may be, and for road journeys under clause (iii) subject to the restrictions in clause (ii) regarding daily allowance (Rule 2-63, Travelling allowance Rules)

10-133. When travelling allowance for journeys on tour is inadmissible. Except in the cases mentioned below, police officers, including those in the Criminal Investigation Department, below the rank of inspector are not entitled to travelling allowance for journeys on tour within their sphere of duty (as defined in rule 10.120) other than journeys by rail or steamer.

Exception No. I. – Sub-inspector and assistant sub-inspectors are entitled to draw daily allowance at the ordinary rates for all journeys on duty :-

(a) of more than 10 miles from their headquarters if they travel by a motor conveyance;

(b) of more than 15 miles from their headquarters if they travel by any other mode of conveyance;

Provided that in both cases if the sub-inspector or assistant sub-inspector is attached to & police station, the place to which he travels is beyond the limits of the police station.

Note: - In the case of a road journey combined with a journey by railway or steamer or both and which exceeds the limits laid sown in exception I, the travelling allowance admissible under rule 2-66 of the Travelling Allowance Rules.

Exception No. II. – Head Constables and Constables may draw actual expenses for journeys by boat where this is the ordinary mode of travelling.

Exception No. III. – Police officers attached under proper authority to the camp of magistrates or gazetted police officers as court of personal orderlies.

Exception No. IV. – Police officers employed as clerks in district or railway police officer.

Exception No. V . – A police officer below the rank of Inspector may draw travelling allowance for a journey performed by motor omnibus or other road vehicle either within or beyond his sphere of duty –

(a) between places not connected by rail, or

(b) between places connected by road as well as by rail when the road route is the shorter or when the journey by rail, although shorter in distance, would cause inordinate delay ;

Provided that the Superintendent of Police certifies on the travelling allowance bill that the journey was necessary in the public interest and that no other form of travelling allowance has been drawn.

Note I. – In certifying that the journey was necessary in the public interest, the Superintendent of Police shall verify that the purpose of the journey was one for which travelling allowance is ordinarily admissible under the provisions of the Punjab Travelling Allowance Rules.

Note 2. – See also Police Rules 22.43.

Exception No. VI. – The staff employed on the mobile police patrol when the distance travelled is more than 20 miles from head quarters. (Appendix E to T. A. Rules).

Exception No. VII. – Sergeants of Police employed to control motor traffic on the Rawalpindi – Murree and Pathankot – Dharamasla roads, will be entitled to draw daily allowance for any day on which they are absent from their headquarters for more than eight consecutive hours.

Exception No. VIII. – Police Officers are permitted to draw travelling allowance for journeys by road within their sphere of duty made in public motor vehicles provided that the amount is not more than the railway fare between the two places and provided also that the journey if it had not been performed by a public motor vehicle would have been performed by rail.

10.134. Special Provisions regarding tours . – (I) The Inspector – General may authorise a police officer, who is compelled by a sudden emergency to leave his camp and travel rapidly to a place more than twenty miles distant, to draw, in addition to mileage and daily allowance, the actual cost of maintaining his camp, up to the amount of the rate of daily allowance admissible to such officer. (Rule 2.64, T. A. Rules).

(2) The Inspector – General may, by special order in each case, allow an officer to draw, in addition to daily or mileage allowance or both, the actual cost of transporting by rail or boat his horse, motor car or other means of conveyance and camp equipment, provided he is satisfied that the interests of the public service are served by such action. (For detiale conditions see rule 2.66, T. A. Rules).

(3) Tent pitchers, not being enrolled polic officers, may draw travelling allowance, when accompanying an officer on tour for which travelling allowance is not drawn for more than two men of the menial establishment. Constables employed as tent pitchers will draw the travelling allowance admissible to their rank. (Rule 2.50 (note 3), T. A. Rules).

(4) By special order in each case the Inspector – General may permit the recovery of the actual cost of maintaining camp equipage during halts at or within a five mile radius of headquarters. (Rule 2.71, T. A. Rules).

10-135. Travelling allowance admissible to Railway Police. – The special provisions governing the travelling allowances admissible to railway police officers on tour are contained in rule 2.68 of the Travelling Allowance Rules. The assistant Inspector – General, Government Railway Police, is responsible that those provisions are understood and observed by police officers and clerks serving under him. (Rule 2.68, T. A. Rules).

10-136. Travelling allowance for joining first appointment. – (I) Persons appointed direct from outside Government service to a post, whether permanent or temporary in the Police Department above the rank of head Constable (or, in the case of the clerical cadre, above the grade of Junior Clerk) shall at the discretion of the Inspector – General of Police, be permitted to draw travelling allowance for a journey performed in order to join such appointment at the rates authorised for that appointment for a journey on tour provided that the journey actually necessary in the circumstances of each case is over 100 miles, and that in no case shall allowance be drawn for any halt in the course of such journey (Rule 2.80 of Travelling Allowance Rules).

(2) The concession contained in this rule does not include a journey by a candidate to attend a medical or selection board or to obtain a health certificate.

(3) The case of the journey of a probationary Assistant Superintendent of Police appointed in England from the port a which he lands in India to the station to which he is ordered to proceed is governed by rule 2.78 of the Travelling Allowance Rules.

(4) A Person, to whom travelling allowance has been granted on first appointment under this rule, may on the cessation of his temporary employment, be granted travelling allowance to return to the place at which he was engaged, under the conditions prescribed in rule 2.116 of the Travelling Allowance Rules.

10-137. Rates of travelling allowance under this rule. – Travelling allowance under rule 10.136 should be calculated as for a journey on tour, but no allowance may be drawn for halts on the journeys. (Rules 2.79 and 2.117, T. A. Rules).

Travelling allowance is not admissible to an officer, who is transferred at his own request or in consequence of misconduct, unless the authority sanctioning the transfer, for special reasons, which should be recorded, otherwise directs. Travelling allowance for such journeys shall be calculated according to rule 2.84 and 2.89 (as regards police constables) of the Travelling Allowance Rules.

10-139. Justification of Claim. - Countersigning and controlling officers are required to satisfy themselves that claims, especially those in regard to transport of conveyances and personal effects, are reasonable. Claims must be supported by certificates showing (a) in the case of families, the numbers and relationship of those for whom claims made (b) in the case of conveyances and personal effects, details and, if possible, the original receipts for the payments made, together with a certificate that the actual expense incurred was not less than the sum claimed. (Rules 2.174 (c), 2.84 (C), 2.84 (B), T. A. Rules).

10-140. Special cases. – In the following special cases allowances may be drawn according to the rules of the Travelling Allowance Rules quoted against each:-

(i) When in consequence of transfer or deputation an officer’s family has to be sent to a station other than his new headquarters. (T. A. Rules 2.86).

(ii) When an officer is allowed to hand or take over charge at a place other than his headquarters. (T. A. Rule 2.85).

(iii) When an officer is appointed to a new post while in transit, takes leave before joining, or wile in transit to his new post, or is posted to a new station on return from leave. (T. A. Rules 2.91 to 2.94).

10-141. Allowances to Railway Police on transfer – Railway police officer on transfer within railway police jurisdiction are entitled to the allowances prescribed by rule 2.88 of the Travelling Allowance Rules, but police officered from the railway to the district police, or vide versa, are entitled to allowances on the scales prescribed in Appendix 10-121 (b).

10-142. Travelling allowances for journeys to and from hill stations – Special rules which govern the grant of travelling allowance to the Inspector – General and Deputy Inspector – General, Crime Investigation Department, and officers and clerks of their offices moving to and from Simla with the headquarters of Government, are contained in Appendix J of the Travelling Allowance Rules. The rules governing the move to hill stations within their spheres of duty of Deputy Inspectors – General of Ranges are contained in Appendix K of the same rules.

10-143. Allowances to officers travelling to a hill station by order of a superior authority or with in their sphere of duty – Up to a limit of ten days or the time required for the performance of a specific duty, whichever is less, officers may draw travelling allowance as for a journey on tour for visits to hill stations and the satins visited immediately before and after the halt at the hill station, will be forfeited. (Rule 2-96, T. A. Rules).

Notwithstanding the above restrictions, the Inspector – General may allow, by special order in each case, extended halts or the extension of the stay during holidays or casual leave, and, with the sanction of the Provincial Government, may allow travelling allowance to an officer retained for duty in a hill station on expiry of casual leave.

Travelling allowance bills of all gazetted officers on account of visits to or halts at hill stations require the countersignature of the Inspector – General.

10-144. Officers permitted to perform their duties at a hill station for their own convenience – Police officers, other than Deputy Inspector-General of Rangers, whose case is covered by rule 10-143 above, who perform their duties at a hill station for their own convenience, are entitled to no travelling allowance either for the period of their stay, or for the journeys between the hill station and their headquarters in the plains, or the place in the plains which they visit in the course of a tour immediately before proceeding to or after leaving the hill station. Deputy Inspectors-General are responsible for the correct observance of this rule (Rule 2097, T.A. Rules).

10-145. Visits to hill stations within sphere of duty – A Superintendent of Police is permitted to take his work to any hill station situated within the limits of his district under the following conditions:-

(a) He may spend two periods of not more than fifteen days each at such hill station between 15^th May and 15^th October with the permission of the Deputy Inspector-General and with the concurrence of Deputy Commissioner. The grant of travelling allowance will be subject to the rules in Part II – class A of Appendix K of the Travelling Allowance Rules.

(b) If he proceeds on duty to such hill station between the same dates and draws travelling allowance and halting allowance for ten days under rule 10-143 he shall forfeit the right to one period of 15 days recess for each occasion on which travelling and halting allowances are so charged.

(c) When more then on Superintendent of Police is posted to the district, one such officer shall remain at headquarters or on tour in the plains during the period that any other such officer is taking a recess in the hills.

(d) In the case of the Superintendent of Police, Rawalpindi, the tow periods of days apply, but not clause (b).

10-146. Allowances for journeys to attend departmental or language examination – (1) A police officer is entitled to draw travelling allowance as for a journey on tour but excluding any halts on the journey for the journey to and from the place at which he appears for an examination of any of the following kinds:-

(a) An obligatory departmental or language examination.

(b) An examination in the Pushtu or Baluchi languages, subject to permission to appear in the examination having been obtained in advance from the Inspector-General.

(d) Any other examination to which this concession may from time to time be extended (Rule 2-98, T.A. Rules)

(2) The grant of travelling allowances under the above rule is subject to the following conditions:-

(a) travelling allowance shall not be drawn under this rule more than twice for any particular examination or standard of examination; and

(b) the Inspector-General may disallow travelling allowance under this rule to any candidate who, on the showing of the report of the board of examiners :-

(i) has culpably neglected the duty of preparing himself for an obligatory examination, or

(ii) does not display a reasonable standard of proficiency in an examination which is not obligatory,

(iii) in the case of the prosecuting inspectors’ examination, does not pass in at least on subject.

(3) A police officer who obtains a reward for proficiency by any standard in an oriental language, or who for the first time obtains a degree of honour in any language, in the second division, is entitled to draw travelling allowance for the journey to and from the place of examination.

Note – These concessions may be extended, with the sanction of the Provincial Government to officers who, during or while travelling to attend the examination, were on leave on average pay not exceeding four months.

(4) Accepted candidates for the post of prosecuting inspector may be permitted to draw travelling allowance for journeys to attend departmental examinations to and from the place of such examinations, provided that:-

(i) in each case the candidate passes in at least one subject at the examination for attending which travelling allowance is claimed; and

(ii) In no case can travelling allowance be drawn more than twice in respect of any one complete examination (Appendix L of the T.A. Rules)

10-147. Travelling allowance to officer on leave – Except as provided in the note to rule 10-146 travelling allowance may be drawn by Government servants in the police department for journeys performed while on leave only under the following circumstances:-

(i) to an officer compulsorily recalled to duty one month or more before the expiry of his leave – mileage allowance for journey from the place at which the order of recall reaches him, or from the port of landing in cases of recall from overseas, to the station to which he is recalled. The authority ordering the recall has discretion to grant mileage allowance if the leave is curtailed by less than one month ( Rule 2-108, T.A. Rules). Allowances cannot be drawn under this rule in addition to those admissible under rule 10-143(3).

(ii) to a non-gazetted officer compulsorily recalled from leave exceeding four months and posted, on pay not exceeding Rs.400 per mensem, to a station more than 200 miles distant from his old station – allowance as for a journey on transfer for himself and his family, subject to the maxima and conditions prescribed in rule 2-84 of the Travelling Allowance Rules (Rule 2-110, T.A. Rules)

10-148. Travelling allowance for journeys to give evidence – The following provisions govern the grant of travelling allowance to a police officer who is summoned to give evidence :-

(a) in a criminal case, a case before a court-martial, a civil case to which Government is party or a departmental enquiry held by a properly constituted authority in British India, or

(b) before a court in an Indian State or in foreign territory;

Provided that the facts as to which he is to give evidence have come to his knowledge in the discharge of his public duties:-

(i) He may draw travelling allowance as for a journey on tour attaching to his bill a certificate of attendance given by the court or other authority which summoned him.

(ii) When he draws travelling allowance, he may not accept any payment of his expenses from the court or authority. Any fees which may be deposited in the court for the travelling and subsistence allowance of the witness must be credited to Government.

Note 1 – A police officer summoned to give evidence, who has to undertake a journey for the purpose while on leave is entitled to the concessions described in this rule.

Note 2 – When a police officer summoned as a witness in a criminal case, or in a civil case to which Government is a party, claims travelling allowance under this rule a certificate from the court should be attached to the bill showing that he has been paid no travelling or subsistence allowance under the rules of the court.

10-149. Payment of expenses in cases where travelling allowance is not drawn – A police officer summoned to give evidence in circumstances other than those described in rule 10-148 is not entitled to any payments other than those admissible by the rules of the court. If the court pays him any sum as subsistence allowance or compensation, apart from payment for travelling expenses, he must credit that sum to Government before drawing full pay for the day or days of absence (Rule 2-120, T.A. Rules)

10-150. Travelling allowance to police officers charged in criminal or civil cases - The Provincial Government may sanction travelling allowance under rule 10-148 in cases in which police officers are compelled to answer criminal or civil cases brought against them in respect of acts done by them in the discharge of their official duty, and in which Government has decided to undertake their defence at the public cost. (Rule 2-121, T.A. Rules)

10-151. Travelling allowance for journeys to obtain medical advice - (1) If, owing to there being no medical officer of Government at the station at which he is posted a police officer is compelled to travel to another station, he may, on production of a certificate from the medical officer consulted that the journey was absolutely concession is not authorised for journeys to consult a dentist (Rule 1-122, T.A. Rules).

(2) travelling allowance may similarly be drawn for a journey to obtain a medical certificate, but not for one to obtain counter-signature on such a certificate (Rule 2-123, R.A. Rules).

(3) Prior sanction of the controlling officer is necessary for journeys of the nature referred to in sub-rules (1) and (2) above, if risk to the officer requiring medical advice is not entailed by the delay thereby involved (Rule 2-124, T.A. Rules).

(4) The grant of travelling allowance to a member of a superior civil service, who is of non-Asiatic domicile serving in a station where there is no medical officer appointed by Government to attend hi, or his family, is governed by rules 2-121-A and 2-121-B, of the Travelling Allowance Rules.

10-152. Journey to appear before a medical board preliminary to retirement – (1) A police officer who id directed by his official superior, in the interests of the public service, to apply for an invalid pension may, if he be required to make a journey in order to appear before a medical board, draw his actual travelling expenses, subject to a maximum of the amount of travelling allowance to his head-quarters after appearing before the medical board, he may draw his actual expenses subject to the same maximum. In both cases his travelling allowance bill must be supported by a certificate that he was directed to apply for an invalid pension in the interests of the public service, and that he did not voluntarily ask to retire (Rule 2-126, T.A. Rules).

(2) The Inspector-General may allow actual expenses, as limited by the above rule, to be drawn by a police officer who voluntarily applies for an invalid pension; provided that the authority is satisfied that the circumstances of the applicant are such as to justify the concession (Rule 2-127, R.A. Rules)

(3) A Government servant who has been directed to apply for, or, is in receipt of, a wound or disability pension from provincial revenues, may, for the journeys made to obtain a certificate from a Medical Board for the grant of or the continuance of his pension, draw his actual expense, subject to a maximum of the amount of travelling allowance calculated for the journey from his headquarters to the place where the Medical Board is held and back (Rule 2-126-A, T.A. Rules)

(4) Except as provided above no travelling allowances is admissible for a journey undertaken in order to appear before a medical board (Rule 2-128, T.A. Rules)

10-153. Travelling allowance for journeys during a course of training – (1) Police officer are authorised to draw travelling allowance as follows for journeys in connection with the course of training:-

(a) for the original journey from his place of posting to the place of training and for the journey on return at the conclusion of the course, whether to the same or to another place of posting, at the course exceeds six weeks in duration; otherwise at the rates authorised for a journey on tour.

(b) for journeys on duty performed under due authority during the course of training at the rates authorised for journeys on tour.

(2) When a course of training is divided into two or more terms, each of more than six weeks in duration, travelling allowance for journeys performed from the place of training and back to it again at the end of one term and the beginning of the next shall, if the interval has been spent in a continuation of training in some other place, ordinarily be drawn at the rates authorised for journeys on tour; provided that the Deputy Inspector-General in control of the course of training in question may, by special order in each case, permit the allowance to be drawn at rates authorized for journeys on transfer, if satisfied that the actual expense between two terms is treated as vacation, no travelling allowance will be admissible for journeys performed in proceeding on or returning from such vacation.

(3) The officers, who are required to sign and countersign bills in which claims under sub-rule(1) above are made, shall take special care to prevent abuse of the concession authorised. Claims for the cost of conveying personal effects by goods train should not be admitted without special reasons in each case, and no claim for the transport of a motor cycle or other conveyance will be allowed, unless the officer making such claim has been actually ordered by the Inspector-General to maintain such conveyance at the place of training.

Note – For rules relating to travelling allowance admissible to police officers permitted to attend a course of physical training beyond their sphere of duty, refer to Order III in Appendix O of Travelling Allowance Rules.

10-154. Travelling allowance for journeys as sick-attendant – Journeys performed in attendance on a sick Government servant on the authority of the District Health Officer are counted as duty, and travelling allowance as for journeys on tour may be drawn for the outward and return journey (Rule 2-130, T.A. Rules)

10-155. Travelling allowance when means of conveyance is supplied free of charge – When any police officer above the rank of constable travels on duty by conveyance supplied to him free of charge by Government, a local fund, a Court of Wards Estate or an Indian State, the allowance to which he is entitled will be reduced according to the extent to which free conveyance covered to the cost of the journey. The rules regulating claims for such journeys are contained in rule 2-159 to 2-162 of the Travelling Allowance Rules.

10-156. Journeys in connection with polling – Police officers detailed for duty in connection with the maintenance of order at polling stations or the guarding and escorting of ballot boxes will be entitled to the travelling allowance admissible to them according to their grade as for journeys on tour or escort duty respectively ( Rule 2-171, T.A. Rules)

Note – The cost of carriage of ballot boxes shall be recovered from Deputy Commissioners.

10-157. Controlling officers – The Superintendent shall be the controlling officer for the countersignature of all travelling allowance bills of enrolled police officers serving under him in the district. The Principal Police Training School and Assistant Inspector-General of Police, Punjab, shall similarly countersign bills of enrolled police officers and clerks serving under them.

Deputy Inspectors-General shall be the controlling officer for the countersignature of all travelling allowance bills of gazetted officers in their ranges and of clerks serving in their offices. Bills of Assistant Superintendents of Police and Deputy Superintendents of Police shall be first countersigned by the Superintendent under whom they are serving, before submission to the Deputy Inspector-General. The Assistant Inspector-General, Railway Police, the Deputy Inspector-General, Criminal Investigation Department, and the Principal, Police Training School, Phillaur, are controlling officers for the bills of gazetted and enrolled officers and clerks serving under them.

The officers specified are prohibited from delegating their authority of countersignature.

10-158. Responsibility of controlling officers – (1) it is the duty of a controlling officer, before signing or countersigning a travelling allowance bill:-

(a) to scrutinise the necessity, frequency and duration of journeys and halts for which travelling allowance is claimed, and to disallow the whole or any part of the travelling allowance claimed for any journey or halt, if he considers that a journey was unnecessary or unduly protracted, or that a hlat was of excessive duration;

(b) to scrutinise carefully the distance entered in travelling allowance bills;

(c) to satisfy himself that, where the actual cost of transporting servants, personal effects, etc., is claimed under these rules, the scale on which such servants, effects, etc., were transported was reasonable and to disallow any claim which, in his opinion, does not fulfil that condition;

(d) to exercise care that there is no evasion or breach of the fundamental principle of travelling allowance laid down in Fundamental rule 44, viz., that the allowance is not to be source of profit, especially in the case of journeys by road performed

(e) to ensure that departmental rules regarding the preparation, submission and payment of travelling allowance bills are correctly followed, and (Rule 2-174, T. A. Rules.)

(f) to judge on the circumstances of each case whether the officer making the journey could or could not have purchased a return ticket according to the rules of the railway or steamer company and to allow travelling allowance according to the proviso to Rule 2-23, Travelling Allowance Rules, when he considers that the officer making the journey could have purchased, return ticket.

(2) The scrutiny to be exercised before signing and counter signing bills of enrolled police officers and clerks is prescribed rule 10-160. To enable a proper check to be kept on the claims of gazetted officers and to prevent the allowances for one journey from being charged twice the Inspector General and Deputy Inspectors General shall maintain a register in Form No, 10-158 (2).

10-159. Travelling allowance bills forms – Gazetted officers bills shall be prepared in Civil Account Form No, 2 and those of enrolled police officers and clerks shall be prepared inform 10-159 (b). The certificates printed on these forms endorse the necessity of a careful scrutiny by signing and countersigning officers, as directed in rule 10-4.

Note – Travelling allowance claims for additional police shall be prepared on separate bills from those of the regular establishment.

10-160. Preparation of enrolled officers bills – (1) Every effort must be made to expedite the submission of claims for travelling allowance of enrolled officers and the preparation and disbursement of the amounts of bills.

(2) Officers in charge of police stations and Lines officers shall insist on the prompt entry by their clerk head constables of all claims for journeys performed by themselves or police officer serving under their orders in Form 10-160 (2 (a). This form will remain open for ten days, and all journeys completed within that period shall be entered in it. After ten days it shall be closed and submitted, together with an acquittance roll in Form 10-160(2)(b), duly filled in as regards the first seven columns to the Superintendent of Police. The bills and all certificate required to be furnished with it shall be signed by the Lines officer himself and in police stations by the officer in charge of the police station, or, in his absence, by the senior police officer present. A brief abstract showing the amount of the bill and the dates covered by it, shall be entered in the correspondence register at the time of despatch to headquarters.

(3) Claims for mileage allowance for distances which are not shown in the published polymetrical table of the district or in any available map, or which are otherwise open to question must be supported by the certificate of the officer in charge of the police station, within whose jurisdiction the whole or part of the journey was performed, or by other satisfactory evidence of the correctness of the distance entered in the claim.

Officers preparing travelling allowance claims must scrutinize with special care claims for daily and other allowance for journeys which have caused their subordinates to visit the neighbourhood of their homes. So far as may be possible orders necessitating such journeys should be avoided.

(4) The Superintendent shall, on receipt of the bills mentioned in sub-rule (2) above, have them checked and translated in his office by the bill clerk, whose work in this connection shall be supervised by the head clerk and accountant. Consolidated bills shall be prepared in the prescribed form, whenever a sufficient number of Urdu bills have been received and checked; this should ordinarily be three times in the month.

(5) The bills clerk, after preparing the consolidated English bills shall, jointly with the accountant, check it carefully with the Urdu bills, and shall then correct and complete the acquittance rolls. The accountant shall make the necessary entries the Advice Notes and the Cash Distribution Register. The contents of the consolidated bill shall then be entered in the travelling allowance register to be maintained in English by the bill clerk in Form 10-160 (5).

(6) When the procedure described above has been completed, the consolidated bills shall be presented at the treasury, together with the necessary requests for cash orders, letters of credit, etc., as in the case of encashment of pay bills. Acquittance rolls will be returned to the disbursing officers together with the advice note.

10-163. Check on disbursement – It is an important duty of gazetted officers to check the correct disbursement of travelling allowance which is sometimes inevitably delayed. To facilitate this check the serial numbers and officer of origin of all travelling allowance acquittance rolls, which have not so far been returned to the office, shall be entered in the remarks column of the travelling allowance register on the last working day of each month. These entries shall be initialled by a gazetted officer after comparison with the previous months’ entry.

PART VIII

Miscellaneous

10-164. Police Lands Fund – Revenue and expenditure in connection with police lands (vide rule 3-28 et seq) shall be accounted for in the police lands fund. Payments to this fund shall be made in the manner prescribed in rule 10-150 (b). Expenditure from the fund can be incurred, at the discretion of the Superintendent of Police within his budget allotment, on the pay of the establishment sanctioned for each district by the Deputy Inspector General, on the planting and watering of shade and fruit frees and ornamental shrubs, and on similar development of the land calculated to improve, the appearance and amenities of Police Lines and other buildings. If funds are available after the above purposes have been served, expenditure may be incurred, under the specific sanction of the Deputy Inspector General in each case, on the purchase and upkeep of utensils for the use of cooks in the headquarters lines. Sums for expenditure shall be drawn in abstract contingent bills as prescribed in appendix 10-111.

10-165. Establishment – All posts on the establishment of the police lands fund are non-pensionable and can be created only on the authority of the Deputy Inspector General of Range. The Accountant General shall be supplied by each Deputy Inspector General with a statement of all such posts, and all alterations in the establishments should be similarly communicated.

10-166. Budget estimates and allotments or police land fund – (1) Superintendents of police shall submit to the Deputy Inspector General annually on the 1^st August budget estimates of police lands fund revenue and expenditure in Form 10-166 (1).

(2) Estimates shall be carefully framed on the principle laid down for other budget estimates. The relation between revenue and expenditure must vary according to local conditions. In some places the revenue cannot be expected to provide for the minimum expenditure, which is necessary to keep the surroundings of police buildings in proper order; in other places revenue from valuable fruit crops and the like may greatly exceed the reasonable needs of expenditure. Superintendents in making their estimates and Deputy Inspectors – General in scrutinising them are required to consider each case carefully on its merits and to ensure that steps are taken to credit to the fund all revenue, which can reasonably be collected from the lands, and that no expenditure is incurred which is not both consonant with the legitimate purposes of the fund and provided for in the allotment of funds. Convincing reasons will be required, however, in every case where estimates of expenditure exceed estimates of revenue.

(3) Deputy Inspectors – General shall submit consolidated estimates in Form 10-166 (3) for their ranges to the Inspector – General not later than 25^th September, retaining the original district estimates in their own offices.

(4) On receipt of intimation from the Inspector – General of the allotments placed at their disposal Deputy Inspectors – General shall make distribution to districts at their discretion. Re-appropriation within the distribution may be made at the discretion of the Deputy Inspector – General, who may also, if he considers it necessary, apply to the Inspector – General for re-appropriation from the police lands fund allotment of another range.

10-167. Local audit of police accounts – A special post of auditor is sanctioned in the office of each range Deputy Inspector – General. These auditors are required to carry out a through audit inspection of the whole of the accounts, including those of the Police Deposit Fund and General Police fund, in each district of the range, in conjunction with the Deputy Inspector – General’s annual inspection of the district. They shall carry out similar audit inspections of police offices not attached to ranges, as may be ordered by the Inspector – General or Deputy Inspector – General.

10-168. The Budget – Gazetted officers, head clerks and accountants are required to familiarise themselves with the general principles of the system of Government accounts contained in the Punjab Budget Manual. In order that they may understand the processes by which revenue and expenditure are estimated and demands scrutinised, and to enable them to put forward proposals affecting their own offices in the form necessary to ensure consideration at the proper time, a study of the following portions of the Manual in particular is necessary:-

Paragraphs 1-2, 1-4 and 14-1, showing the structure of the estimates and the division of expenditure.

Paragraphs 1-10 and 1-11, explaining the chain of scrutiny and the imperative necessary of adherence to prescribed procedure and dates.

Paragraphs 1-12 to 1-17, which show the stages through which all proposals involving new expenditure have to pass, and from which it can readily be understood that the prospect of such proposals being sanctioned without avoidable delay depends mainly upon the care and foresight with which schemes are presented in the first instance by Superintendents of Police.

Paragraphs 1-22 which explains the means by which unspent balances (other than the savings in the contract contingent grant) may be made available in the next budget grant, thus making hasty expenditure at the end of a financial year inexcusable.

Paragraphs 1-25 which is an explanation of the constitutional reasons for the prohibition of expenditure in excess of budget grants.

Chapter 2, read with the relevant portions of Appendix D and paragraph 5-6, describes the method of completing the forms supplied by the Finance Department for the preparation of budget estimates of revenue and expenditure, the nature of the explanatory material which is required in support of estimates and the dates and channel of submission.

10-169. Preparation of budget estimates – Budget estimates will be prepared in the first instance by head clerks and accountants, but heads of offices are required personally to check the estimates so prepared with great care, and to satisfy themselves that estimates of revenue and expenditure are as accurate as possible, and are not mere repetitions of the figures of previous years.

Note –Grain compensation allowance estimated for the current and next year will be entered in Form B. M. II and attached to the budget estimates.

10-170. Proposals involving new expenditure – (1) In making proposals, other than proposals concerning buildings involving expenditure not provided for in their budget allotments, officers shall invariably endeavour to suggest a means of meeting such expenditure during the current financial year by re-appropriation within their allotment. Failing such re-appropriation the Inspector – General may, if the proposal is approved, provide funds by re-appropriation within his powers. Where, however, the proposal involves recurring expenditure for which provision must be made in the budget of the ensuing year, the provisions of Chapter 7 of the Budget Manual must be strictly observed. As all such proposals have to be placed by the Inspector – General before the Finance Department not later than August 1^st, after scrutiny by Deputy Inspectors – General, by Inspector – General himself and by the Home Department, it follows that the proposals must be put forward by the Superintendent of Police by June 15^th at the latest. Only in very urgent cases can the Inspector – General send up supplementary proposals as late as the 1^st October, so the latest possible date for the submission by Superintendents of even urgent proposals involving expenditure in the next financial year is the 1^st September.

(2) In the case of proposals for new expenditure on buildings the principles laid down in chapter 7 of the Budget Manual also apply generally, but the date by which the Inspector – General is required to submit his list of major and minor works is the 20^th September ; proposals may, therefore, be put forward to Deputy Inspectors – General by Superintendents as late as the 1^st September, Supplementary proposals may, if of great urgency, be submitted to Deputy Inspectors – General up to the 10 the October at the latest. As, however, proposals regarding buildings require the preparation of plans and estimates and the obtaining of administrative approval according to police rule 3.7 before the Inspector – General can take any steps towards in the proper form, in order of urgency and by the required dates. On the other hand proposals should not be submitted unless there is reasonable prospect of getting funds. Inquiry might be made demi-offically from the Inspector – General

10-171. Distribution of budget allotment – The action to be taken after the communication to the Inspector – General of the budget allotment of the department for the year is described in paragraphs 12.5 and 12.6 of the Budget Manual. Not later than the 15^th May the Inspector – General informs heads of offices, by means of a statement published in the Police Gazette, of the grants distributed to them, and the amounts retained by him in reserve.

10-172. Reporting of loss caused to Government – In order that transactions which involve a loss to Government may be properly accounted for in audit, all instances of loss to Government coming under the following categories shall be reported to the Inspector – General through the Deputy Inspector – General concerned, and also to the Accountant – General, through the Inspector – General, in cases in which a report to that officer is to be made under Article 29 of the Civil Account Code.

(a) Complete or partial relinquishment of a claim for money due to Government.

(b) Loss, theft or embezzlement of money due to Government.

(d) Losses of or deficiencies in cash in hand, whether in the form of a deposit with the treasury or imp rest money.

Note – the acceptance of counterfeit coins or notes is regarded as a loss.

(e) Previous over-payments of which the record in the accounts cannot now be rectified.

(f) Payments in excess of what would ordinarily be due, where, the excess payment is due to the action of another department of Government.

(g) Payments on account of default or damage which have to be made under the terms of a contract.

(h) Payments made by Government servants as acts of grace, i.e., where no payment is due under statute or rule, but where, having regard to the circumstances, payment is regarded as equitable.

(i) Payments for damage done by Government servants or by Government property or by fire in a Government building.

(j) Payments by Government which are in excess of the amount admissible under rule.

(k) Irrecoverable balances of payments made by Government in advance.

(l) Losses due to errors of Government servants which can be measured in terms of money.

10-173. General Provident Fund – (1) all police officers in permanent and pensionable service and all members of the police clerical cadre are eligible to become subscribers to the General Provident Fund. Subscription to the Fund is compulsory I the case of all Europeans and Anglo-Indians in permanent service. The statutory rules of the fund are published in a pamphlet which is on record in all district Police Officers.

(2) Advances from the fund may be granted under the conditions prescribed in the statutory rules by the following authorities.

To subscribers who are gazetted officers. The Inspector – General.

To subscribers who are non-gazetted officers Deputy Inspector - General

in receipt of Rs.150 per mensem or over.

To all other subscribers .. .. Superintendents of Police.

The authorities specified are prohibited from delegating their powers of sanction.

CHAPTER XI – Office Routine

11-1. Office staff of Superintendent – The English and Urdu office staff of each Superintendent consists of the following:-

1	2	3	4
Division of duties	Designation	Rank	Remarks
English Office branch	Head Clerk	Inspector or Sub-Inspector	This officer is in charge of the English office and is responsible for the punctual disposal of correspondence, submission of periodical reports and returns, and the maintenance of character rolls and service books and, when no senior officer is available may sign necessary letters, etc., for the Superintendent of Police. He shall also supervise the work of the Accounts Branch and is responsible for the correctness of the accounts. He will be assisted by as many assistant clerks as may from time to time be sanctioned
Accounts branch	Accountant	Sub-Inspector	His duties and responsibilities are detailed in Chapter X, Police Rules. He will be assisted by as many head constables and constables as may from time to time be sanctioned.
	Bill Clerk	Head- Constable	He shall prepare travelling allowance bills and be general assistant to the Accountant
Urdu Office branch	Reader to Superintendent of Police	Assistant Sub-Inspector	This officer shall exercise supervision over his assistant readers (head-constables) of whom there will be as many as there are gazetted officers. He shall also maintain the standing order book and the district order book.
	Record keeper	Head-Constable	This officer shall be in charge of the Urdu records and will be assisted by one or more constables according to the requirements of the district.
	Return-writer	Head-Constable	Shall maintain the general crime register, and despatch register of conviction slips and shall be responsible for all prescribed returns from the Urdu office.
	Diarist, Copyist and Despatcher	Head-Constable or Constable	With as many assistants as may be sanctioned shall deal with the receipt, registration, distribution, copying and despatch or Urdu correspondence according to rules.

Provided that every police officer shall at all times render such general assistance as may be required of him in the exigencies of the service.

The assistant sub-inspector selected to discharge the duties of head reader shall be selected from officers of that rank employed on executive duties and shall not remain in the post for a longer period than two years at a time without the special sanction of the Deputy Inspector-General. An officer who has been head reader shall again become eligible for such post, without any special sanction, after three years ordinary police duty.

Note – Readers to the Senior Superintendent of Police, Lahore, and the Superintendents of Police, Amritsar, Ferozepore, Multan and Rawalpindi will be of the rank of Sub-Inspector.

11-2. Methods of correspondence – (1) All gazetted police officers and those subordinates who are employed in the offices of Superintendents of Police are required to familiarise themselves with the general instructions governing correspondence, which are contained the Punjab government Consolidated Circular No.5.

(2) Ordinary correspondence within the department should be in memorandum form, and the same form should be used for un-important correspondence with officers of other departments of equal or inferior status to that of the police officer addressing them. In important references requiring a lengthy letter, or which are likely to be forwarded other departments, the form of address and subscription of an official letter shall be used.

(3) Every official communication shall be headed with its number, the name and also the office of the writer and of the addressee, the palace from, and the date on which it is written, followed by an abstract subject heading and shall, at its commencement, quote the number, date and purport of any previous communication written from the same office to the same addressee, or received from the office addressed, on the same or relevant subject. If any communication or order is referred to which is not enclosed, the number, date, paragraph and purport of such communication or order shall be quoted.

(4) Colloquial phrases, vernacular, or provincial expressions shall not be used unless their equivalents are given in the text or in notes.

(5) More than one subject shall not ordinarily be discussed in the same communication.

(6) All communications, which will require to be filed with a case shall ordinarily be written on paper of foolscap folio or quarto size.

11-3. Enclosures – Original documents shall not be forwarded as enclosures unless such a course is necessary. Urdu enclosures shall ordinarily be accompanied by English translations. The transmitting communication shall contain a list of all enclosures.

11-4. Disposal of unimportant communication – In all unimportant cases, when a copy of the receipt or despatch communication is not considered necessary, the reply may be written at the foot or on the reverse of the receipt communication, which, after being numbered and entered in the correspondence register, shall be returned in original to the office of issue.

11-4-A. Relief to be given to Deputy Commissioners and other Administrative and Executive Officers in clerical work - To lighten the burden placed upon district officers Government have issued instructions reproduced in Appendix No.11-4-A prohibiting the issue from the Government Secretariat of unnecessary references calling for information from district officers. These instructions apply mutates mutandis to administrative police offices.

11-5. Method of despatch and posting – (1) Communications and articles of considerable weight which are not of an urgent nature shall be sent by parcel of packet post; provided that communications and articles of value shall not be sent as packets. A parcel may contain one but not more than one written communication of the nature of a letter, which shall be addressed only to the addressee of the parcel itself. The inclusion of more than one letter in the same envelope or cover is contrary to Rule 31 of the Indian Posts and Telegraphs Rules, 1933. Office files, however, are not letters within the meaning of Sections 4 and 5 of the Indian Post Office Act and may be transmitted in a single parcel or y private agency instead of by post.

The despatch number of all letters, etc., enclosed in one registered cover shall be noted on the cover. The officer opening the covers shall satisfy himself that the contents received are correct.

(2) For important communications, where only a proof of posting is required, the system of acknowledgment of posting afforded by the Post Office, at the rate fixed by the Postal Department, shall ordinarily be resorted to. Where, however, a proof of delivery is required the cover shall be sent “Registered and acknowledgment due”.

11-6. Use of rubber stamps – Printed or lithographed signatures as franks may not be used, but stamps giving a facsimile of an officer’s signature may, under proper precautions, be used for franking, but for no other purpose whatsoever. A list of rubber stamps, for use in district police offices and obtainable on payment from the Controller of Stationery, Calcutta, is given in Appendix 11-6.

11-7. Covers to be franked – All covers despatched from the office shall be franked by the despatcher; otherwise they are treated as bearing covers under the rules of the Postal Department. Police, offices shall receive, and pay postage due on articles addressed to them “On Pakistan States Service”, and bearing the signature in full of the sender.

11-8. Sue of reminders – Reminders (that is communications drawing attention to unanswered references) shall not ordinarily be numbered; and reminders received shall, if the reply called for is not at once despatched, be returned with an explanation of the delay and a statement when a reply may be expected.

11-9. Addressing covers of official communications – The covers of official communications shall be addressed to the official designation of the officer; but those of demi-official communications shall be addressed to the name as well as to the official designation, and should be opened only by the individual to whom they are addressed.

11-10. Despatch of confidential papers – When confidential papers are sent out of an office they shall be put into double sealed covers. The inner one shall be marked “Confidential”, and be super scribed with the name of the addressee. The outer cover should bear the official designation of the addressee only, and have no marking of any kind on it to indicate that its contents are of a confidential nature.

11-11. Destruction of confidential correspondence – The destruction of confidential correspondence is a matter for the discretion of district officers, but as a general rule correspondence, other than that of special importance, over 20 years old may be destroyed. The destruction of other confidential records is regulated by instructions issued periodically by the Deputy Inspector-General, Criminal Investigation Department.

11-12. Despatch of plans and maps on which the title to any property is based – No plans or maps on which the title to any property is based shall be sent out of the office of record in original, unless specially called for by competent authority, in which case the should, if entrusted to the post, be sent under registered cover. Copies of such plans or maps may accompany letters if necessary.

11-13. Channel of correspondence – (1) A Superintendent shall ordinarily correspond direct only with his equals or inferiors in official status or with those immediately superior to him. Correspondence with the Commissioner shall be conducted through the District Magistrate and with the Inspector-General through the Deputy Inspector-General. Superintendents shall address Military Officers or above the rank of Colonel Commandant and Colonel on the Staff through their Staff Officers.

(2) Except (1) in cases in which direct reports may be ordered by general or special rules, (2) in emergencies, and (3) in answer to direct reference, the above channels of communication shall be followed. In cases coming under (2) or (3) of the exceptions above named, a copy of the communication shall be sent to the officer through whom the communication would, in the ordinary course, have passed.

11-14. Communications with other provinces and countries – (1) All communications and documents sent by police officers to officers in another province where there is a different vernacular shall be in English.

(2) Should it be necessary to communicate with British Officials in the United Kingdom and the colonies regarding a criminal case or any matter of Public Security Intelligence, the facts should be reported, through the Deputy Inspector-General, Criminal Investigation Department, to the Inspector-General of Police, who is authorised to conduct such correspondence.

(3) Communications between gazetted police officers and between such officers and officers of similar status in other departments, and in answer to communications in English from persons not in the service of Government, shall be in English, unless the person addressed is known habitually to conduct his correspondence in the vernacular.

11-15. Translation – All translations made in the office of a Superintendent shall be checked and certified as correct by a responsible officer not below the rank of assistant sub-inspector.

11-16. Translation of vernacular words – (1) The transliteration of Indian words and the spelling of names should follow, as closely as possible, the rules given in Appendix C of Punjab Government Consolidated Circular No.5.

(2) As regards the names of places, the Imperial Gazetteer shall be accepted as the primary authority for the spelling of all names of places found in it, and in the case of names which do not appear in the Gazetteer, the local civil authority shall decide all questions relating to the spelling.

11-17. Communications on private matters – Officers shall not address their superiors on personal matters concerning their own leave, pay, promotion, appointment, etc., by “State” telegram or in service paid letters. Should a reply to such a communication be required by telegraph the cost of the reply shall be prepaid. When such references are forwarded by the superior officers of those submitting them, they will be treated like any other official communication.

11-18. Wording of telegram – Telegraphic messages should be worded as briefly as is consistent with conveying the intended meaning with ambiguity.

11-19. Telegrams – use of - Police officers may use the Government and State Railway telegraph system for the transmission on official business of telegrams of the following classes:-

(a) Ordinary State, (b) Express State, (c) Special Police

Message should be classed “Ordinary” except in cases of special urgency. The “E-press” class should be used for messages of special urgency, when the difference of a few hours in the time of delivery is of moment, or when it is known that, owing to a block of traffic, “Ordinary” class of telegrams are liable to serious delay.

The authority to class messages “Special Police” has been given to police officers and an above rank of Inspector at the headquarters of districts, with the proviso that, when a gazetted officer is available, the privilege shall ordinarily be exercised by him only, and to officers of an above the status of “officer in charge of police station” at places other than district headquarters. Telegrams so classed take precedence for despatch over almost all classes of traffic. The classification is intended for the reporting of facts and events of such pressing urgency that even a few minutes’ delay would be serious, and its use should be confined to emergencies and to messages in connection with the prevention or detection of crime, when immediate communication of information is essential.

“Special police” messages must be received for despatch and delivery by all telegraph offices, whether during “closed” hours or not. They are paid for at “express” rates including late fees.

11-20. Abbreviated telegraphic addresses – Superintendent of Police shall arrange to supply officers in charge of police stations and others with a list of the registered telegraphic address of all officials, both of the police and other departments, with whom they are likely to be called upon to exchange telegrams, and to keep these lists up to date. A list of such addresses is published in Appendix D of the Punjab Civil List.

11-21. Use of canal telegraph system – The canal telegraph system in the Punjab may be used by police offices under the following restrictions:-

(a) All messages must be strictly on Government service.

(b) No message may be sent to any place which is served by other wires, e. g., Government telegraph or railway wires.

(d) No guantee can be given as to the correctness of messages or against delay.

(e) When the addressee is at a distance from the receiving telegraph office, the message will be forwarded by had, with a letter from the signaller to the addressee stating what fee has been agreed on. This fees will be paid to the messenger on delivery and will vary according to the conditions of distance, time and weather.

Such fees are chargeable to the contract contingent grant.

11-22. Telephone – The telephone should be freely use, wherever it is available, to save time and formal correspondence. This means of communication should be utilised for reporting matters of urgency including “special reports” of crime form police stations to headquarters; for obtaining information required to supplement or explain a written report, and for conveying orders. Where a record in necessary of orders or information conveyed in the first instance by telephone, a copy should be sent by the earliest available post. Message books (Form 11-22) shall be kept in each office which is supplied with a telephone. The recipient of a message or order, as received, and will then repeat it over the telephone and obtain the sender’s acknowledgment of its correctness. Messages recorded in this form shall be placed in the appropriate file in the receiving office, until their place is taken by the official copy which is required to follow by post; on receipt of the latter the message form will be destroyed.

Trunk calls shall be used for official purposes, only when the use of the telegraph would be justified, and if the cost of such a call is not greater than would be the cost of making the enquiry in question and getting a reply thereto by telegram. Except in cases of great emergency, trunk call will be made only by officers of and above the rank of inspector.

11-23. Treatment of receipt letters and postal matter containing remittances – (1) In the offices of Superintendent of Police all letters, etc., received shall be opened by a gazetted officer or, if no gazetted officer is at headquarters, by the head clerk personally. Every receipt shall be registered before any other action is taken, the office stamp, with the diary number and date entered in red ink, being impressed in the upper left-hand corner. The head clerk is responsible that every fresh receipt is shown to a gazetted officer within forty-eight hours, even if the connected file is not available for submission at the same time. This rule shall apply as far as is practicable to the officers of Deputy Inspector General of ranges.

(2) Receipts for insured or registered letters or packets shall be singed by the head clerk personally or other officer senior to the head clerk. Such letters and packets shall invariably be opened by a gazetted officer, or, when no such officer is at headquarters, by an inspector. The officer opening insured letters or packets will be personally responsible for seeing that the contents are correct according to the covering letter, if any, or endorsement on the cover, and are immediately brought on to permanent record or account. If the insured contents are currency notes, cheques, or remittance transfer receipts they shall be made over to the accountant and the receipt shall be entered forthwith in the general cash book and initialled by the officer opening the letter or packet; if they are other valuable goods or documents they shall immediately be placed in suitable safe custody. Officers must realise that laxity in the receipt and disposal of valuables sent through the post gives an easy opening for misappropriation and fraud of kind the detection of which is not easy.

11-24. Registration – (1) All correspondence, both receipts and issues, shall be registered in one diary of correspondence [Form 11-24(1)] and every separate receipt and issue shall be given a serial number as shown in the diary, receipts being entered in black ink and issues in red.

(2) Periodical and other standard returns shall be entered in the diary and numbered for despatch. Covering letters shall not be sent with communications, unless it is necessary to make explanatory remarks, which cannot be endorsed on the return itself.

When a return is blank the fact should be reported on a post card. –[vide sub-rule 11-39(3)].

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(3) The number of a despatch letter should be given above, the file and subject head number below, e.g., meaning letter number 256 of file 2, subject head 19.

(4) When a letter which starts a new subject is issued or received the head clerk shall decide whether, in accordance with rule 11-25, it should be filed with the “miscellaneous file” of the chapter concerned or with one of the “general files,” or whether it should be given a ”special file.” In the last case the necessary entry in the file register [Form 11-28 (1)] shall at once be made.

(5) When any communication is sent to more than one office, the distribution shall be shown on each copy.

11-25. Filing – (1) Correspondence shall be kept in the flat file system and given file covers [Form 11-25 (1)]. Files shall be kept according to their file and subject head numbers – (See rule 11-26).

(2) Papers in file shall be arranged chronologically, and shall be paged on one side only on the right hand top corner, the first paper being numbered I, and the second,3, and so on, the reverse of each paper being the following even number, which need not be marked. Office notes and orders, except purely ephemeral notes such as calls for papers and explanations of delay, which should be made on “slips” or “buff sheets” and destroyed when disposed of, shall form part of the file and be paged accordingly.

(3) Enclosures to a letter when placed on record should come before the letter itself. A note in red ink shall be recorded on the enclosure on receipts, as follows:-

“Enclosures to letter number , dated to be returned,” the last three words being omitted if the enclosures are not to be retuned.

(4) An index to the contents of each file shall be maintained on the outer cover and shall show whether letters are pending or otherwise.

11-26. Heads of correspondence – (1) Main subject heads of correspondence shall be allotted in accordance with the chapter headings of Police Rules, one extra main head “head subjects” being added for correspondence bearing no relation to those rules, Sub-heads shall follow, as far as possible, the paragraph headings of Police Rules. Further instructions are given in Appendix 11-26 (1).

(2) Files under each subject head will be of three descriptions, viz., “Miscellaneous,” “General” or “Special”.

(a) Only one “miscellaneous” file shall be maintained under each main head. It will be given the first serial number under the head concerned each year, and will contain all correspondence on that head of an unimportant or routine nature, concerning which no lengthy correspondence is expected, and for which a “general “ or “special” file is considered unnecessary.

(b) A “special” files under each subject head will consist of papers connected with periodical correspondence or returns on one general subject, on any one item of which no lengthy correspondence is expected. General files will be marked with the letter “G”.

(c) A “special” file shall be started for every case which, either form the item of its imitation or t a later stage, appears likely to be the subject of prolonged correspondence, or to be of intrinsic importance as a precedent or as embodying a new ruling or order, or to constitute a distinct item within a general sub-head, which is likely to be required frequently for reference and should be kept on record for more than item years. It will frequently be necessary to transfer papers form a “miscellaneous” or “general” file to a “special” file. Whenever this is done corrections must be made in the diary of correspondence, and index of the file from which the papers are removed.

(3) Papers in connection with “miscellaneous” and “general” files may, if convenient, be submitted separately as they are received. After necessary orders have been issued and complied with they should be placed with the files to which they belong. Papers in connection with “special” files should ordinarily be submitted for orders with their files.

(4) When a file becomes unduly bulky {ordinarily when it exceeds 100 pages}, a separate continuation file should be studied both by gazetted office sand clerks, and should followed, as for as the conditions of different offices permit.

11-27. Detailed instructions regarding office procedure – Further detailed instruction for the conduct of the business of an office are published as Appendix 11-27. These instruction should be studied both by gazetted officers and clerks, and should be followed, as far as the conditions of different offices permit.

11-28. File Register – (1) An annual files register shall be maintained in Form 11-28(1) for each subject head. It will give the number of and serve as an index to all “general” and “special” files.

(2) A new register and a new series of serial numbers will be started at the commencement of each year.

11-29. Arrangements of correspondence files – (1) For purposes of arrangement in the record room, correspondence files will be divided into two classes:-

(a) “Action files, in which further correspondence is expected, including all “miscellaneous” and “general” files.

(b) Completed “special” files, in which correspondence has been finished.

(2) One or more record cupboards should be kept for correspondence files of the current and preceding year, and should be divided into compartments marked with a distinguishing number for each main-head. Each compartment will be sub-divided into two.

Completed files will be tied up between boards and placed below the action files, which will be kept loose, but in their proper order.

Action files will be kept in the upper division and completed files in the lower division of the compartment.

(3) At the end of the second year the files of each subject head shall be placed between stiff boards in a separate record cupboard, divided into annual compartments. On the top board of each packet shall be written the number of files. This portion of the record hslal be classed as old records.

11-31. Period of retention of, and destruction of records – The process of eliminating superfluous records shall be carried on continuously under the orders of the head clerk. No file shall be considered for destruction till it has been three years in the “old records”. Files in the “old records” shall be kept in two classes (a)miscellaneous and general, (b)special. No special file shall be considered for destruction till it has been ten year in the “old records”.

Subject to this guiding principle the record room staff will be continuously engaged on the overhaul of old files. Each file liable to destruction will be first examined with the aid of its index. Any portion of its contents which the record clerk considers should be kept, shall be removed – the orders of the head clerk being taken if necessary – before the rest of the file is destroyed. The orders of the head clerks shall be cancelled in red ink, dated and initialled by the record clerk. Progress in destruction work will be checked at all office inspections by reference to the file register.

Papers removed for retention from files which are to be destroyed shall be recorded in a special file under the appropriate subject head entitled “Papers retained from files destroyed.” This extra file shall, when created, be entered in red ink at the end of he file register of the year in question.

11-32. Station delivery register – An annual station delivery register shall be maintained in Universal Form No, 20 for all letters, etc., sent out by hand.

11-33. Stamp Register – (1) A stamp register shall be maintained by the accountant Form 11-33 showing the receipt and issue of Government stamps to each officer during the year.

(2) The rules prescribed by the Punjab Finance Department for the audit and better control of service labels, - vide Inspector General’s Memo. No. 3402-A dated 26^th September 1931 – Should be carefully observed. Range auditors should examine the stamp accounts during the course of their inspection of district accounts.

11-34. Stock book of office furniture – A register of furniture in the office of Superintendents, Deputy Inspector General, and the Inspector General shall be maintained in Universal Form No, 93. Stock shall be taken annually in April and the record verified under the hand of a gazetted officer, the condition of articles in stock being duly noted in the column provided for this purpose. To facilitate identification each article shall be marked with the abbreviated designation of the office concerned. Inspecting officers shall examine this register in the course of their inspections.

11-35. Inventory of stores – (1) An inventory of stores in Form 5-16(I) shall be maintained in each police office showing all European and other stores and moveable property in the custody of the head of the office. Articles required to be entered in the registers maintained under rules 11-34 and 11-58 shall not be entered, but all other Government property, other than that purchased or maintained from the Chanda, Police Land or General Police funds, shall be included.

Note – Stores purchased or maintained from the Police land or General Police funds shall be entered in the miscellaneous stores register in the Lines (Rules 22-70).

(2) On the 31^st March of each year the balances of all stores should be shown in once line and shall be verified by count by a gazetted police officer, and attested by his signature in the register in the column for remarks. At the same time a certificate shall be forwarded to the Deputy Inspector General, by Superintendents, and to the Inspector General, by Deputy Inspectors General, that this verification has been carried out.

At inspections the controlling officer should call for the stock register and see that entries have been regularly made and verify the record of actual count. He should, if possible, verify by actual count the balance of one or more items, as the balance of the particular stock affected is struck at each operation.

11-36. List of register – A list of registers to be maintained of a permanent character, whether in English or in Urdu, shall be ordered to be submitted by the police, except under the authority of the Inspector Genera or Government, or by law or rule having the force of law.

11-37. Unauthorised re-terms – No periodical return or report of a permanent character, whether in English or in Urdu, shall be ordered to be submitted by the police, except under the authority of the Inspector – General or Government, or by law or rule having the force of law.

11-38. Compilation of Returns – the material for authorized periodical returns and reports should normally be available from the records and registers in the office preparing the. Such returns and reports shall be prepared accordingly, and material shall not be demanded from executive officers except for special and adequate reasons. When a special return ordered by proper authority necessitates the collection of material directly from executive officers and police stations, blank forms of the required returns shall be sent for completion.

11-39. List of returns due from offices of Superintendents and Deputy Inspectors–General – (1) A list of periodical returns which have to be submitted by Superintendents, showing the period after which the office copies of such returns may be destroyed, is given in Appendix 11.39(1)(A). A similar list, showing the returns to be submitted by Deputy Inspectors – General, is given in Appendix 11-39(1)(B).

(2) Each Deputy Inspector – General shall cause a check statement of periodical returns to be kept up in his office, in Form 11-39 (2).

(3) When a return is blank, intimation of the fact shall be sent by post card, quoting the description of the return, as given in Appendix 11-39 (I) (A) and the number of the rule in which it is prescribed.

PART – II

Stationary and Forms

11-40. Supply of English stationery – (1) English stationary shall be procured by means of indents in the form supplied by the Stationary Office, Calcutta. Such indents shall be submitted to the Inspector – General on or before the 15^th June each year. Head clerks are required to make themselves familiar with the provisions of the Punjab Printing and Stationary Manual, which affect procedure in the police department.

(2) Care shall be taken that the cost does not exceed the annual allotment of funds.

(3) Superintendents and Deputy Inspectors – General shall each submit an annual estimate, in form B. M. I., of the total expenditure on account of English stationery for the following year, to the Inspector – General, not later than 1^st July in each year.

(4) The requirements of stationery shall be estimated for a calendar year on the basis of actual expenditure for ten-and-a-half months and average expenditure for one-and-a-half months. The balance stock in hand shown shall be that remaining after deducting one-and-a-half months average expenditure as above.

11-41. Instructions for the preparation of indents for stationery – Heads of offices and their head clerks are personally responsible for utilising their allotment of funds for the purchase of stationery to the best advantage. The annual indent must receive very careful attention, and must not be treated as a matter of routine. Types of stationery and envelopes suited to the actual requirements of the office must be selected; quantities must be carefully calculated in the light of actual requirements and stock in hand; the mere repetition of previous years’ indents must not be allowed. The indent for pens, pencils, inks and miscellaneous requisites must similarly be framed after a detailed survey of what is required to meet reasonable expenditure under proper supervision. A model scale is given as appendix J, Punjab Printing and Stationery Manual, and should be taken as a guide.

11-42. Indents for forms – (1) The instructions contained in the Punjab Printing and Stationery Manual must be carefully followed mission of all indents for forms. Superintendents of Police are not authorized to indent direct on the Superintendent, Government Printing, the Central Jail Press or Government contractors. Their indents will be consolidated and forwarded by the Deputy Inspector – General, Government Railway Police, will indent direct for their own requirements. The original indents must contain all instructions regarding the binding of any forms which have to be bound into registers, also the full address to which such forms and registers are to be dispatched. The same care must be exercised in the preparation of indents for forms as is enjoined in the case of stationery indents. (Rule 11-41). Balances in stock must be verified by a responsible official, the balance of each form, whether it is being indented for or not, being shown in the indent. Dates fixed for the submission of indents must be strictly adhered to ; otherwise the Press will not be responsible for any delay which may occur. Printing cannot be commenced until all indents are received.

(2) Supplementary indents must be avoided as far as possible. Only in very special circumstances will a supplementary indent be passed, and the reasons necessitating such an indent must be stated in every case. These indents should be submitted through the Deputy Inspector –General who, if he passes them, will forward them to the Inspector –General of Police for station.

(3) When forms, etc., are packed in gunny cloth or gunny bags, the indenting officer concerned should arrange to retain such packing material, and, when a sufficiently large quantity has been collected, should return it by goods train to the Superintendent, Government Printing, Punjab. All invoices for forms, etc., supplied should be returned, duly acknowledged, to the Superintendent, Government Printing, Punjab, within a fortnight.

11-43. Universal Forms and Standard Official Envelopes – (1) Consolidated annual indents for universal forms and standard official envelopes are due with the Superintendent, Government Printing, Punjab, on the 1^st April of each year, Indents are made on U.F. No. 35, and should be forwarded to reach the Deputy Inspector – General of the range by the 1^st March. Deputy Inspectors – General are required to scrutinise all indents carefully, and to cut down demands which appear to scrutinise all indents carefully, and to cut down demands which appear excessive in view of stocks in hand and the normal requirements of the office concerned. Notable variations in demands between offices of equivalent status should be noticed and rectified. Scrutinising officers shall be guided, further, by the provisions of the Printing and Stationery Manual.

(2) Forms required for use in the offices of Deputy Inspectors – General of ranges, should be included in the consolidated indents; the indents of the Deputy Inspector – General, Criminal Investigation Department and Assistant Inspector – General, Railway Police, should be prepared on U.F.35 and forwarded direct.

(3) Printing of addresses and franks on envelopes is not allowed. For despatching by post papers of an unimportant nature, wrappers (to be obtained from the Superintendent, Government Printing), should be used if practicable. The number required should be stated on U.F.35, and proportionate reduction made in the number of envelopes ordered. Cloth-lined envelopes are intended to be used for confidential or specially important papers only and the supply allowed shall be kept as low as possible. To permit of envelops being used more than once, full use shall be made of “National Economy Slips” U.F.51.

(4) Rules regarding the supply of file boards, which are classed as Universal Forms, are contained in Chapter 8 and Appendix N, Punjab Printing and Stationery Manual.

11-44. Standard departmental forms – Consolidated annual indents for standard English departmental forms, in Form 11-44m are due with the Superintendent, Government Printing, on the 15^th of September of each year, and with Deputy Inspector General on 1^st August. The procedure in the offices of Deputy Inspector General, Assistant Inspectors General and Superintendents of Police is the same as in the case of indents for universal forms. Standard departmental forms are those authorized in the present edition of Police Rules, or introduced from time to time by means of correction slips to those rules. Indenting officers are not authorized to require any alteration to be made in any standard form. Envelopes, other than those indented for under rule 11-43 are not authorized.

11-45. Non-Standard departmental forms – No non-standard form maybe indented for without the sanction of the Inspector General of Police, obtained in the case of Superintendents of Police, through the Deputy Inspector General. Such sanction will only be given in exceptional circumstances and for definite reasons, which must be explained.

Consolidated indents for non-standard forms, in form No. C. –O.- No. B. 1, copies of which are obtainable from the Superintendent, Government Printing, are due on the same dates as those for standard forms. Samples of forms required must be attached to the indent.

11-46. Account forms – Indents for treasury and accounts forms are due with the Superintendent, Government Printing, Punjab, on the 1^st October annually and with Deputy Inspector General on the 1^st September.

11-47. Standard departmental Urdu forms – Consolidated indents for standard departmental Urdu forms are due with the Superintendent, Government Printing, Punjab, on the 1^st of July annually and with Deputy Inspector General on the 1^st June.

Indents should be prepared by Superintendents of Police in Form 11-47. As regard consolidation and scrutiny, the procedure prescribed in rule 11-42 shall be followed.

As regards non-standard Urdu forms, rule 11-44 applies, except that the date for submission of indents to Deputy Inspector General is the 1^st of June.

11-48. Account of expenditure of stationery and Forms – (1) The supply of English stationery and forms shall, on receipts be examined by a gazetted officer. It shall then be made over to one of the clerks of the English Office for safe custody under lock and key. Such clerk shall keep an account of the expenditure in the form supplied by the Superintendent, Government Printing, Punjab, Lahore. Attention is invited to rules 10-26 to 10-32 Punjab Printing and Stationery Manual regarding the procedure to be followed in case of defects or shortages.

(2) Country stationery and Urdu forms shall on receipt be examined by the prosecuting inspector. They shall then be made over to, and accounted for by, the Vernacular Record Keeper under the general control of the prosecuting inspector. The form referred to in sub-rule (1) above is U. F. 96 and shall be used for the record of stocks of both English and Urdu stationery and forms.

(3) Paper used in Urdu police offices shall be either jail-made paper or that specially supplied for carbon copying. Supplies for police stations, including supplies of carbon paper and indelible pencils, should ordinarily be sent out in quantities sufficient for a full year, a half year’s stock being maintained at headquarters. The consumption at police stations, however, inevitably varies considerably with the fluctuations of crime and their stock of material for carbon copying must on no account be allowed to become exhausted. Demands for replenishment must be submitted in good time by police station clerks, and must be promptly met.

11-49. Stock register of printed forms, etc. – A stock register of printed forms, envelopes, registers, etc., shall be maintained in the Central Police Office and all other polices. The form for this register is standardized, and requirements shall be included in indents submitted in accordance with rule 11-42.

11-50. Page numbers to police station registers – All police station registers shall be paged in English in the office of Superintendent before issue to police stations. The number of pages in the register shall be noted on the inside of the cover under the signature of the prosecuting inspector or a prosecuting sub-inspector.

PART III

Gazettds, Publications and Contract

11-51. The Police Gazette – The Gazetted is published in two parts in both English and Urdu –

Part I – Departmental Orders.

Part II – Notifications regarding additional police, police station boundaries, plague, appointments, promotions, reductions, dismissals, transfers, rewards (in cases of exceptional interest or importance only), examinations, leave pension, etc.

11-52. The Criminal Intelligence Gazette – (1) The Criminal Intelligence Gazette is published by the Criminal Investigation Department. As much publicity as possible with in the department shall be given to its contents, and information published in it regarding arrests and identifications wanted, warning, etc., shall be feely disseminated to the public ; the gazette as a whole, however, may not be shown to non-officials.

(2) Information on the following matters may be published in the Criminal Intelligence Gazette, and should be submitted in the forms noted:-

(a) Valuable property lost or stolen or found and awaiting identification [Form 22-79 (I) (d)]. Notices shall be sent only when the circumstances, nature of the case and the description available of the property are such as to render publicity valuable.

(b) Proclaimed offenders and absconders [Form 23-22 (I)]. Notices shall be sent only when wide publicity is necessary as a warning against the offender and as an aid to his arrest, and when full particulars likely haunts, associates and description are available.

Note – When notices are sent for publication regarding absconding suspects wanted by the police, by against whom a warrant has not been issued, the officer submitting the notice will be held personally responsible in any legal proceedings for defamation or the like, which may arise form the publication.

(c) Arrests of proclaimed offenders and absconders will be published in important cases only, or, when “wanted” notices under clause (b) above have previously been published.

(d) Persons lost or missing [Form 22-79 (I) (b)]. In important cases only and provided a complete description of the person lost or missing is forthcoming.

(e) Unidentified persons found dead [Form 22-79 (I) (a)]. In important cases in which a complete description of the dead body is forthcoming.

(f) Lists of bad characters entered in Police Station Register No. X, who have left their homes and cannot be traced [Form 23-4 (I)]. These will only be published in the circumstances indicated in clause (b) above.

(g) Descriptive notes regarding offences of a novel or professional type, including cases of coining, note-forging, fraudulent conspiracy, professional poisoning and cheating, and memoranda embodying the shifts and artifices of criminals, and special measures employed in countering them.

(h) Reports regarding suspicious vagrants, strangers, loafers, etc.

(i) Loss of passports, etc.

(j) Notices regarding loss and recovery of arms according to the instructions contained in Criminal Investigation Department Circular No, 4986, dated 14^th December 1923.

(k) Material for publication in the Criminal Tribes Supplement.

(3) Except as prescribed above, no particular form is necessary for matter intended or publication, but the general form of the notices published in the Criminal Intelligence Gazette shall be followed. The matter should in all cases be in narrative form. A gazetted officer shall personally draft, or carefully revise the drafting of, and sign all matter intended for publication, so that it may be sent to the press in the form in which it is received. All matter intended for publication in the Criminal Intelligence Gazette should be despatched, as soon as it is ready, in ordinary covers, addressed to the Assistant Inspector General, Crime and Criminal Tribes. In urgent cases special supplements will be issued within twenty-four house; notices in such case should be marked “urgent – for special supplement”.

11-53. Notices for insertion in the Police Gazette – Notices for insertion in Police Gazette shall be despatched in envelopes marked “Gazette” on the upper left hand corner, and may be sent direct to the office of the Inspector General, except where a channel of submission is prescribed by rule. They shall be written on one side of the paper only and headed “For publication in the Police Gazette”. No covering letter is required, but drafts must be signed by a gazetted officer; all drafts must be in the form commonly used in original as manuscript for the press. Notices which are delivered in Lahore after Tuesday afternoon, cannot ordinarily be inserted till the week next following.

11-54. Advertisements in the Police and Criminal Intelligence Gazettes – The Police Gazetted, both in English and in Urdu, may be used as a medium for advertisements. Departmental advertisements of a public character shall be inserted free of charge in the Police Gazette. Private advertisements and notices of rewards offered and property or persons lost or found will be published in the Criminal Intelligence Gazette, provided they shall have been paid for in advance at the rate of one anna for every ten words for each insertion, and the money credited to Government. Superintendents forwarding such advertisements or notices shall state the sums paid under this rule.

11-55. Supply and binding of Police and Criminal Intelligence Gazettes – (1) Copies of the Police and Criminal Intelligence Gazettes in English and Urdu are supplies free to all police officers whose official duties require them to maintain a file of these publications. Heads of offices shall intimate any changes required in this distribution to the Assistant Inspector-General of Police, Punjab, and the Assistant Inspector-General of Crime and Criminal Tribes, in the case of the Police and Criminal Intelligence Gazette respectively.

(2) Officers may obtain additional copies of either edition of the Police and Criminal Intelligence Gazette on payment in advance at the following prices:-

Part I of the Police Gazette, Rs.5-12-0 per annum or one anna and nine pies per copy.

Part II of the same gazette, Rs.11-6-0 per annum or three annas and six pies per copy.

The Criminal Intelligence Gazette, Rs.15-0-0 per annum or four annas and nine pies per copy.

Excise Supplement to the Criminal Intelligence Gazette, Rs.5 per annum or one anna and six pies per copy.

Such payments shall be credited as directed in Appendix 10-31(1) and the treasury receipt shall be attached to applications for supply of copies. The prices are liable to alteration from time to time.

(3) On receipt of the index, which is issued for each edition of the two gazettes as soon after the 31^st December as possible, all copies which are issued free shall be bound in accordance with the directions in rule 11-57.

(4) Neither the Police nor the Criminal Intelligence Gazette may be sold to members of the public, and police officers are prohibited from allowing non-officials to have access to their copies.

11-55-A. District Criminal Intelligence Gazette – Superintendents of Police are required to issue a District Criminal Intelligence Gazette in Urdu for circulation among Police Stations, of their districts and such adjoining districts as is considered necessary. Ordinarily it will be a weekly publication. Such gazettes shall include:-

(a) a brief resume of the crime in the district since last publication;

(b) particulars of cases of an interesting nature, deductions from a study of modus operandi records as to particular gangs or individuals at work and departmental notices and orders provided this matter is not published in the Punjab Criminal Intelligence Gazette;

11-56. Supply of Police Rules and other subsidiary manuals – (1) Copies of English editions of the Police Rules and authorized subsidiary manuals are supplied once at Government expense to all gazetted officers, to Inspectors and Sub-Inspectors who know English and to Sergeants. Copies of the Urdu edition of the Police Rules are supplied once to Inspectors and Sub-Inspectors who do not know English and to all Assistant Sub-Inspectors. In the event of any volume being lost the holder will be required to refund the cost. Every officer is responsible for keeping his copy of the rules up-to-date.

(2) English and Urdu copies are also supplied once to all police stations, offices and police lines, and to the Police Training School and Urdu copies to all Police out-posts other than those in the charge of Assistant Sub-Inspectors, according to the scale fixed by the Inspector-General of Police. Losses shall be replaced either at Government expense or at the cost of individuals according to the circumstances of each case.

(3) Officers desirous of purchasing copies of Police Rules may obtain them form the Superintendent, Government Printing, Lahore, the price shall be credited into the local treasury, the treasury receipt being forwarded to the Superintendent, Government Printing, Lahore.

(4) Corrections to Police Rules will be published in the Police Gazette by the Inspector-General of Police when necessary. No memorandum or instructions issued by the Inspector-General of Police or any officer subordinate to him shall have the effect of altering any Police Rule, unless it is definitely stated to be a correction and, as such published with the authority of the Provincial Government.

(5) Concurrently with their publication in the Police Gazette copies of all corrections to Police Rules will be sent in correction slip form to all holders of copies of the rules. These corrections slips will be printed on one side of the paper only and in the same type as and on paper of the same width and with the same margin as the volume which they emend. They will be serially numbered in block type in the left hand margin.

(6) Minor verbal corrections, and other corrections where space permits, shall be copied into the original volume by hand; in such cases the serial number of the correction slip shall invariably be copied in the left hand margin also, after which the correction slip itself may be destroyed.

(7) A list of correction slips will be issued to all holders of Police Rules and allied manuals, who will on receipt paste it into the spare binding edges provided for the purpose at the end of each volume.

(8) when one correction slip cancels another previously issued, the cancelled one shall be removed and destroyed and the index shall be correspondingly corrected.

11-57. Supply of publications, book binding and printing – (1) Government publications, including Acts of the Central and Provincial Legislatures, are supplied as required to police officers under arrangements made by the Inspector-General of Police in accordance with the provision of Punjab Printing and Stationery Manual. Changes in the requirements of districts in this respect, due to increases or reductions in the number of police stations, etc., shall be notified to the Inspector-General of Police as they occur.

(2) Requirements in respect of the binding of blank book of forms shall be carefully stated in the indents for such forms (vide rule 8-3, Printing and Stationery Manual). The periodical binding of returns and other records required by Police Rules to be bound shall be done under the instructions (general or special) of the Superintendent, Government Printing, -vide rules 8-1 to 8-5, of the same publication. Records, which cannot be allowed to leave the office, or cannot be spared for the time required by the Government or a Jail Press to do the work, may be bound either by the office daftri or by a local Press, subject to the conditions prescribed in the rules referred to above. The cost of such local binding shall be met from the contingent grant, - [vide Appendix 10-111(1)].

(3) Except in the case of very urgent work, the cost of which is within the limits prescribed in items 4-A and 4-B of rule 20-6 in Punjab Financial Handbook No.1, police officers are prohibited from having printing work execute at private presses. The procedure in all cases shall be as laid down in rule 2-20, Punjab Printing and Stationery Manual.

(4) Survey maps required by police officers in their official capacity shall be obtained on indent to be submitted to the Inspector-General who will include them in the consolidated indent to the Map Record and Issue Officer, Calcutta. Indents should reach the Central Police Office by the 1^st June annually. The cost of maps so supplied will be charged to the contingent grant of the Inspector-General. Revenue, Muncipal and District Board maps shall be obtained from the Deputy Commissioner or the local authority publishing them and paid for from the contingent grant of the office for which they are purchased.

11-58. The Library Register – Each Deputy Inspector-General and Superintendent shall maintain a library register in Form 11-58 of books and publications other than newspapers supplied to him at the public expense for official use. Every fresh receipt shall be entered in the library register. The serial number of the register entry, the name of the office and the date of receipt shall be endorsed on the title page of the book and a label containing similar particulars shall be affixed to the back of the cover. Gazettes and similar periodicals shall be kept in file boards and brought on to the library register as soon as they bound.

11-59. Custody and issue of library books – All publications belonging to the library, which are not in constant use by and kept, under due authority, on the tables of particular officers, shall be kept in locked cupboards. The library clerk shall keep the keys of these cupboards and be responsible for the completeness of the library. The whereabouts of every book, whether permanently or temporarily off the shelves, shall be noted in the library register and periodically checked.

11-60. Inspection of the library by inspecting and relieving officers – Inspecting and relieving officers shall ascertain that the library is complete and in good order. Such books as have become obsolete may be destroyed under the authority of the Superintendent of Police personally Bound volumes of the Police Gazette may be destroyed after 15 years. The destruction of other books shall be left to the discretion of Deputy Inspectors-General, when examining the library registers at their inspections of districts.

11-61. Contracts – (1) No contract binding Government as one of the parties shall be entered into by a Superintendent of Police on his own authority. Contracts for the supply of clothing and stores may be executed by the Inspector-General of Police, and contracts or other instruments connected with the lease, sale, hiring or purchase of land or buildings may be executed by the Inspector-General of Police, Deputy Commissioners or by the Public Works Department according to circumstances and in accordance with the orders contained in Part IV of the Law Department Manual, 1926.

(2) Any existing contract or other instrument, which has not been executed as above shall be reported for orders to the Inspector-General of Police.

11-62. Bonds – Bonds taken in the Police Department to secure the due performance of duty shall be executed only in one or other of the forms authorized by the Inspector-General of Police. Specimens of these forms may be obtained on application to the Central Police Office.

11-63. Supply of copies of Police records – (1) No document or record belonging to, or in the custody of the police, and no copy or extract from such document, shall be furnished to any private individual or to any Government servant for his private, use, save under the authority of an express provision of the law, or by order of a Court acting within its legal powers, or a general or special order issued by a competent authority in respect of any class of classes of documents.

(2) By a general order of the Inspector-General extracts, or copies from files of departmental proceedings, may be granted to police officers or ex-police officers for the purpose of preferring appeals.

(3) Except in cases where copies are required by law, or other competent authority, to be given free, fees shall be charged for all copies at the same rates as are in force for the time being in the civil courts, and shall be paid as follows:-

(a) Half to the copyist.

(b) One-tenth to the examiner

11-64. Cancellation of stamps – (1) Court fee stamps upon dutiable instruments presented to or issued by police officers, shall be cancelled in the manner prescribed in Chapter 4-C, Volume IV of the Rules and Orders of the High Court, 1931.

(2) The first hole to be made on receipt of a document bearing a court fee stamp and on the issue of a copy shall be made by a small circular punch; the second hole to be made on receipt of a copy shall be made by a small triangular punch; and the third hole, in the case of a copy shall be made, when the record is finally filed, by the record-keeper with a small square punch.

11-65. Certain copies requiring to be stamped – When copies of documents falling under Articles 6, 7 and 9 of Schedule I of Act VII of 1870 (The Court Fees Act), and Article 25, Schedule I of Act II of 1899 (The Indian Stamp Act, are submitted with petitions without being stamped, the petition should ordinarily be returned to the sender or presenter with direction that orders cannot be passed unless it is resubmitted with the copy duly stamped.

11-66. Literary works by gazetted officers – Information regarding literary works of a public or official character undertaken by gazetted officers shall be reported through the Inspector-General to the Secretary to Government, Home Department, for incorporation in the History of Services of gazetted officers.

PART IV

Urdu Office

11-67. Diary of Urdu correspondence received – (1) A diary of Urdu correspondence in Form 11-67(1) shall be maintained by the diarist in the office of every Superintendent. Every Urdu petition, report or other communication, not being a periodical statement or return or case diary, shall be entered in the diary for the year in which it was written.

(2) A clear abstract of each document received, shall be entered in the appropriate column of the register. The manner of disposal by the diarist of each document received shall be briefly noted in the column provided for the purpose. Final disposal shall be noted by a reference to the despatch register in the last column of the form.

(3) The diary shall be bound in quarterly or half-yearly volumes, and shall be kept for two years.

11-86. Despatch book of Urdu correspondence – (1) A despatch book of Urdu correspondence in Form 11-86(1) shall be maintained by the despatcher in the office of every Superintendent. It shall be bound in quarterly or half yearly volumes and kept for two years.

(2) All Urdu communications by the Superintendent and ordes, other than copies or extracts from the order book or standing order book, shall be entered. When papers previously received are to be despatched with orders endorsed on the original, the entry in columns 2 and 5 of the form shall be sufficiently clear to permit of the purport of both the original document and the order on it being understood, and of its disposal being traced. In such cases cross references shall be made in column 7 of both the receipt and despatch registers.

11-69. Receipt and despatch routine – (1) Al Urdu correspondence received shall, except as provided in rule 11-23, be opened by the diarist, who shall distribute to the branches of the office those papers which he is not required to enter in the receipt register (vide rule 11-67(1)). Other receipts shall be similarly distributed with the minimum of delay after being entered in the register.

(2) With all correspondence despatched from one police office to another, including offices subordinate to the district police office, a challan in Form 11-69(2) shall be sent, containing a detailed list under the main classes of correspondence of all papers sent. The diarist or station clerk, as the case may be, of the receiving office, shall sign and return these challans to the office of issue, where they shall be kept in yearly bundles for two years.

(3) All correspondence for despatch from the office of the Superintendent of Police shall be made over to the despatcher. Orders and papers requiring copying shall be dealt with by the copyist, under the supervision of the diarist or despatcher. The despatcher shall make out challans, write up his despatch register and send off correspondence with the minimum of delay.

(4) In every district a standing order shall be framed, with the approval of the Deputy Inspector-General of the range, to regulate the distribution of papers between the different branches of the Urdu office, but a clerk of each branch shall be responsible for receiving from, or handing over to, the diarist or despatcher all papers which pass through those branches, and all such papers, even if they are to pass from one branch of the office to another, shall be entered in the despatch register.

Example – An order issued by the Superintendent to the prosecuting inspector shall be taken by the assistant reader to the diarist for record and despatch.

11-70. Ordinary correspondence – (1) General Urdu correspondence shall be kept as follows:-

(a) Monthly district files containing copies of general parwanas issued and miscellaneous papers not connected with particular police stations.

(b) Annual files by police stations of daily diaries.

(d) Annual files by police stations of miscellaneous papers.

These files shall be destroyed after two years, but files of class (a) shall, before destruction, be seen by the prosecuting inspector, who will bring to the notice of the Superintendent of Police any order, which he considers should be preserved for permanent record as a standing order.

(2) The record-keeper shall maintain a register in Form 11-70(2) showing the receipt and issues of all files, in and from the record room.

11-71. Method of record of orderly head constable’s and Accountant’s papers – (1) All papers relating to enrolments, promotion, transfers, leave and other matters concerning the orderly head constable’s branch, regarding the record of which there are not special orders, shall be filed in separate files under each head; such files shall be either annual, half yearly or quarterly according to the volume of the work in different districts and, on completion, shall be kept in orderly head constable’s branch for five years and then destroyed. Each file shall have an index, showing the detail of its contents, attached to it.

(2) Papers other than those shown in Appendix 11-36 shall be maintained in the accounts branch in monthly bundles and destroyed after the period noted against each:-

Years

(a)

Advice Note (Rule 10-42) … … … …

(b)

Application for recouping permanent advance …

(c)

Papers regarding promotions, reductions and transfers

(d)

Miscellaneous papers … … … … …

Appendix no. 11-4-A

D. O. No. 890-G-37/5814 (H – Gaz)

Dated Lahore, the 19^th Februay, 1937.

Subject:- Relief to be given to Deputy Commissioners and other Administrative and Executive Officers in clerical work.

My Dear Sir,

I am desired to inform you that at the instance of His Excellency the Viceroy, an exhaustive inquiry was recently held into the touring of district officers. The latter were asked to bring to the notice of Government any matters which tended to interfere with their touring. The inquiry has elicited an almost general complain:-

(i) that unnecessary references are often made to district officers by the Secretariat or by Heads of Departments asking for information or reports, and

(ii) that where necessary references are made, inadequate time is sometimes given to reply them.

2. Proposals which are circulated from the Secretariat for opinion consist of Legislative measures and other references. With regard to the former, there are Standing Orders (paragraph 517 of the Secretariat Instructions) that it is undesirable to add to the pre-occupation of district officers by asking for opinions on questions of which they have little knowledge, or which do not seriously affect their districts, and the attention of all officers in the Secretariat has recently been drawn to these instructions with a view to ensuring that superfluous calls are not made on the time of Deputy Commissioners to divert them from their more important duties.

3. With regard to other reference, the Governor in Council acting with Ministers has been pleased to lay down the following principles for observance in the Secretariat:-

(i) No call for information should be made, unless it is necessary for the disposal of a case, and is not available in the Secretariat or office of the Head of Department concerned.

(ii) While Commissioners and Deputy Commissioners should be freely consulted about questions of policy or particular cases affecting their charges, care should be taken to see that references are not made, unless it is clearly desirable to have the views of the Commissioner or Deputy Commissioner and, in particular, the pernicious practice should be checked of making references with the object of temporarily getting rid of a case.

(iii) Where a reference is necessary, reasonable time should be given for a reply. What is reasonable will depend on the nature of the case. Sometimes it is necessary to have an immediate reply; at others an early reply is necessary. Often a period of two or three months may safely be given. Unless the case is immediate or very urgent, referring authorities should give adequate time for the material necessary for a reply to be collected.

(iv) Complaints or applications are often made direct to Government, which relate to matters of a purely local character. Sometimes they are sufficiently important or serious to merit a report to Government by the local authorities. More often they can be left to the latter for disposal. Where this is the case, there are two ways of dealing with them in the Secretariat; the first is to return the complaint or application to the sender for presentation to the proper authority, and the second is to send it in original through the proper channel to the competent authority for disposal. Where the first method is appropriate, it is to be preferred to the second, since it helps to check a tendency which is on the increase. In any case, the primary principle should be observed not to call for reports from local officers on applications and complaints of this kind, unless it is clearly desirable for Government to take up the matter. The practice of sending references from the Secretariat marked “ for disposal or report” shoulc cease. The endorsement should make it clear whether the reference is for disposal or for report.

4. The above principles apply equally to Council questions. The great majority of these can be disposed of without reference to local officers. Sometimes when a question consists of several parts, a reference to local officers is necessary only in regard to one or two of these parts. Where a reference is made, it should be stated in regard to which parts information is required. Further, where a question asks for information which will require considerable time and labour for its collection, local officers should not be asked to supply this information, unless the Secretary concerned is satisfied that the information may reasonably be given in spite of the time and labour involved. Where he does not think that this is the case, he should obtain the orders of the Member or Minister concerned before starting inquiries which may later prove unnecessary. When it is decided not to collect information required to answer a Council question, the proper answer is – “It is not in the public interest to collect this information”.

5. In order to secure that the above orders are observed, the following procedure is prescribed:-

(i) Except in purely routine matters, no reference to Commissioners or Deputy Commissioners should be made without the approval of a gazetted officer, Important references should receive the approval of the Secretary or the Head of the Department concerned, unless thay are of an immediate nature and the approval of the Secretary or Head of the Department cannot be obtained without delay.

(ii) Commissioners of Division should bring to the notice of the Chief Secretary by demi-official letter cases in which unnecessary references are made or inadequate time is given for the disposal of necessary references. The Chief Secretary will submit the reference of the Commissioner to the Member or Minister concerned, who will no doubt wish to satisfy himself that the orders of Government have been observed.

6. The above orders relate primarily to references of Commissioners and Deputy Commissioners. They will also apply mutates mutandis to references by the Secretariat and Heads of Departments to other administrative and executive officers, e.g., in the Irrigation Branch of the Public Works Department hey will apply to references by the Secretariat to Superintending a Executive Engineers; in the Agriculture Department they will apply to references by the office of he Director of Agriculture to Deputy Directors of Agriculture and a Extra Assistant Directors of Agriculture, and so on.

7. IN order that the foregoing instructions are not lost sight of they should be embodied in departmental Manuals.

Your Sincerely,

F. H. PUCKLE,

Chief Secretary to Government, Punjab

To –

(i) All Heads of Departments in Punjab

(ii) The Registrar, High Court of Judicature at Lahore.

(iii) All Commissioners of Divisions, Deputy Commissioners and District and Sessions Judges in the Punjab.

Appendix no. 11-6

Rubber stamps and punches to be kept in Police Offices. The following rubber stamps and similar appliances, obtainable on payment from the Stationery office, Calcutta, under the regulations contained in Chapter 12, Punjab Printing and Stationery Manual, should be kept in district police offices:-

(a) English Office

(1) Office rubber stamp – to stamp English communications received.

(2) “Confidential” stamp.

(3) Stamp bearing designation of head of office.

(b) Account Branch.

To stamp receipts and vouchers:-

(1) Revolving date stamp.

(2) “Cancelled” stamp.

(3) Additional Police Stamp.

(4) Lock-up allowances stamp

(5) Police deposit stamp.

To stamp bills and voucher:-

(6) 26 – Police, D. E. F. (Provincial) reserved –

(a) Travelling allowance (non-voted).

(b) Travelling allowance (Voted).

(c) Other allowance and honoraria.

(d) “C” class contingencies.

(e) Supplies and Services.

(f) Contact contingencies.

(g) Debitable to General Police Fund.

(h) Constabulary – Leave salary.

(i) Constabulary – Pay.

(j) Cancelled.

For cancelling court-fee stamps and punching stamps affixed to vouchers and acquittance rolls:-

(1) A small circular punch.

(2) A small triangular punch.

(3) A small square punch.

Appendix no. 11-26-(1)

Detailed rules regarding classification of correspondence under

subject – heads.

1. If experience show that under any particular main subject head there are too many files, such subject may, under the authority of Superintendent of Police, be divided into as many further subject-heads as may be considered convenient; and similarly if there are too few files under any subject-head, two or more chapters may be combined together under one head. For example, Chapter 10 might be divided into 10-A – Contingencies and 10-B – Other Account, whilst Chapters 25-27 might be combined under one subject-head as No, 25 –Crime.

2. When a file can be appropriately entered in the file register under more than one head it may be entered under such other heads without being given a serial number and a cross reference may be given in column 4 and 5 to the subject-head under which it has been given a file number.

3. Letters should be registered under the most definite head appropriate to them; for instance a return or correspondence connected with the clothing fund should be registered under “Clothing” (number 4) and not under “Accounts” (number 10). The index to Police Rules will show the chapter heading and, consequently the main file number, to which any subsidiary subject belongs.

Appendix no. 11-27

INSTRUCTIONS REGARDING OFFICE PROCEDURE.

1. Urgent receipts shall be submitted to the gazetted officer concerned on the date of their receipt in the office.

2. The head clerk or assistant clerk dealing with the file is responsible that it is sent up complete with all the necessary papers paged, and prepared throughout in accordance with orders.

3. The head clerk is empowered to send to the copyist for issue ordinary reminders and simple drafts in cases in which the orders have been clearly given, and as to the nature and mode of the conveyance of which there can be no doubt. All other drafts should be signed by such office, whenever possible.

4. Files shall not be left lying about uncared for. When done with for the time being, they shall be kept on side tables or on shelves. Torn or frayed papers shall be repaired at once; the record-keeper is responsible for having such repairs carried out.

5. Alphabetical indicating slips should be pinned on papers referred to in notes or correspondence. The page should also be cited in the noting. Such slips should be removed as soon as the need for them has passed.

6. Whenever fresh papers are added, the officer or clerk adding them should page them.

7. Whenever it is necessary to remove any pages from a file, a slip should be inserted showing when; and whey they were removed, and where they are to be found.

8. The clerks responsible for the compilation of returns shall see that they are received punctually and bring delay to the notice of the head clerk. On receipt of the first retune, referring to a particular subject, the clerk concerned shall insert in the file cover a record slip, in which are noted all the police stations and, at the top, note the subject and refer to the order prescribing the returns and the date on which they are due. As the retunes are received, the date of receipt shall be entered opposite each police stations, and the retunes, after necessary check, shall then be posted into the general statement.

9. All office copies of communications, including demi-official letters, which may have to be filed with any case, shall ordinarily be written on paper the size of foolscap folio or half foolscap folio size. The first impression of typescript should be sent tot eh address.

10. When an acknowledgment is required to a communications, the letter shall either be sent registered and “acknowledgement due,” or a printed or typed acknowledgment slip shall be sent with the letter. On the return of such acknowledgment slip, it shall be attached to the office copy of the letter which if refers without being numbered or entered in the register.

11. Any law books or books of reference that may be required by the officer to whom a case is submitted shall accompany the file, unless copies are known to be immediately available to him.

12. Continuation blank sheets for notes shall be added to cases in which further notes or orders are expected from the officer to whom the case is submitted. When a case is sent out of the office, superfluous papers and spare copies shall be removed, and only those papers sent that are necessary for the disposal of the reference.

13. (1) A note may be either –

(a) The briefest remarks or suggestion for the disposal of a case, as “For information” “copy to Accountant General” No orders” and the like ; or.

(b) A comment on the paper under consideration, or on the previous papers in the file without any summary ;or

(c) A brief summary of the facts leading up to the points for orders.

A précis is a full abstract of the papers in the case.

(2) The following definite rules shall be observed, in the matter of notes and précis:-

(a) The object of an office note is to assist the officer, who is required to pass orders, by referring him to rules, precedents, and previous correspondence bearing on the question for decision; by pointing out mistakes, mis-apprehensions and miscalculations in the papers under consideration and by supplying information or calculations which will facilitate disposal. A recapitulation of the case as stated in the correspondence itself is not required. Criticisms and suggestions arising merely form the personal opinion of the noting clerk himself are prohibited, but an opinion base don precedents and other formal authorities may and should be expressed.

(b) A full note is only required when the case cannot be decided without consideration of considerable correspondence and references. Such a note should summarise only such portions of the previous correspondence as may be necessary to elucidate clearly the point or points for orders.

(c) A précis or full abstract of case should not ordinarily be put up by the office unless called for by the gazetted officer in charge.

(d) All orders, that are to be communicated to other officers, should be couched in language that can be easily converted into a draft.

(e) In long notes, each paragraph should be given a serial number.

When a reference is made to previous notes or papers the page of the file where they are to be found should be quoted and, when necessary, indicating slips should be added.

(3) In cases where the reveres side of the receipt letter is blank and the papers is tout, the note may be written thereon and continued (if necessary) on a note form. When noting is unnecessary, brief suggestions may be written on the face of a letter.

14. The head clerk is responsible to the head of the office for the efficient working of the whole office. His duties are:-

(a) to exercise disciplinary control and general supervision;

(b) to see to the regular attendance of the clerks. Personal matters relating to the clerks such as promotions, leave, etc., are submitted through the head clerk;

(c) to arrange for the work of absentees and for the proper training of junior clerks;

(d) to go round the office at least once a day to see that no arrear cases are being neglected, that the tables are tidy, that the clerks lying about uncared for;

(e) to receive or open the mail, stamp the letters with the date of receipt and send them to the record-keepers, urgent letters being first marked with a blue or red slip, according to their urgency.

15. (1) the copyist shall initial and date every draft he copies. He is responsible that all enclosures are fully copied and that they are attached to the covering letter or, if numerous and bulky, that they are separately labelled and marked with the number and date of the letter to which they belong and the designation of the officer to whom the letter is address.

(2) Letters should be copied in order of their receipt unless marked “urgent” when they should be taken in hand at once.

(4) If an urgent or ordinary letter remains undisposed of by the copyist at the expiration of the first or third day respectively, after its receipt by him, he shall bring the fact to the notice of the head clerk, in order that the issue of the letter may be expedited.

(5) After letter have been copied, the copyist shall read out the drafts to the head clerk or other clerk deputed for the purpose. The latter shall initial an date the fair letters in token of their accuracy and send them up for signature.

(5) After being singed, the letters together with their respective files, shall be made over to the despatcher who shall number and date them, place them in envelopes and send them off. The despatcher, having attached the draft to the file (if there is one), shall page it and, unless further action is required, retune the file to the record-keeper.

(6) All letters shall be despatched from the office on the date they are signed.

(7) Whenever it is necessary to send any enclosures independently of the covering letter, the letter shall indicate the manner in which the enclosures are sent. Enclosures shall be despatched the same day as the covering letter. Books and papers, when sent by book or parcel post, shall be securely packed and, if the season requires it, waterproof cloth will be used for covers. Confidential communications shall be enclosed in double covers addressed as prescribed in rule 11-10. Care must be taken to verify the title or designation of the officers addressed.

(8) Post Office receipt for letters and parcels shall be kept by the despatcher in monthly bundles, which be destroyed after six months.

Appendix no. 11-36

LIST OF REGISTERS, ETC., PRESCRIBED UNDER THE POLICE RULES, TO BE MAINTAINED IN THE OFFICES OF SUPERINTENDENTS OF POLICE.

1	2	3	4	5	6
Serial No.	Rule.	Books and Registers, etc.	In charge of	Supervising officer.	Period after which destroyed.
		ENGLISH OFFICE.
1.	3 ˙3 (2)	List of places of worship on Police premises.	Head Clerk …	Superintendent of Police …	Permanent
2.	3 ˙20	Register of applications for family quarters or house rent in lieu thereof.	Ditto …	Ditto …	When a new one is made.
3.	3 ˙28	Register of lands in possession of the Police.	Ditto …	Ditto …	Permanent.
4.	4˙34(ii)	Register showing an account of material and cost of making up clothing.	Ditto …	Ditto …	5 years.
5.	4˙34(ii)	Clothing stock account of new articles of clothing and materials.	Ditto …	Ditto …	10 years.
6.	5˙16 (i)	District miscellaneous stores registers.	Ditto …	Ditto …	Revised form time to time.
7.	5˙17	Distribution Register of miscellaneous stores.	Ditto …	Ditto …	7 years
8.	6˙2	File of copes of Standing Orders by Inspector General authorising deviations from equipment tables.	Ditto …	Ditto …	Permanent.
9.	6˙3	Printed statement showing total armament of district and its distribution.	Ditto …	Ditto …	10 years.
10.	7˙32(i)	Register of horses and camels on the chanda	Ditto …	Ditto …	Revise yearly
11.	7˙32(2)	Register of enrolled officers who are required to maintained horses.	Ditto …	Ditto …	Permanent
12.	8˙13	Leave account in Form A. T. 200 under Fundamental Rule 76.	Ditto …	Ditto …	…
13.	9˙17(1) A and B.	Age register of upper and lower subordinates.	Ditto …	Ditto …	Permanent
14.	10˙14(6)	Receipt Books	Ditto …	Ditto …	…
15.	10˙50(b)	Police Land Improvement Fund Cash Book.	Ditto …	Ditto …	Permanent
16.	10˙57 (2)	Police Deposit Account Pass Book. (Form 65, Civil Account Code.)	Superintendent	Ditto …	Permanent
17.	10˙76(5)	Registers of house rent allowances.	Head Clerk …	Ditto …	7 Years.
18.	11˙22	Telephone Message Books.	Telephone Clerk	Head Clerk	2 Years
19.	11˙24(1)	Diary of receipts and despatches.	District and Despatcher.	Ditto …	10 Years
20.	11˙28(1)	Register of annual files.	Record Keeper	Ditto …	Permanent
21.	11˙32	Annual Station Delivery Register.	Ditto …	Ditto …	10 years.
22.	11˙34	Stock Book of Office Furniture.	Head Clerk …	Superintendent of Police.	Permanent
23.	11˙35(1)	Inventory of Store Register.	Ditto …	Ditto …	Permanent
24.	11˙48(1)	Account of English Stationery and Forms.	Stationery Clerk	Head Clerk	3 years
25.	11˙49	Stock Register of Printed Forms etc.	Assistant Clerk	Ditto …	Permanent
26.	11˙55	Files of Criminal Intelligence Gazettes	Ditto …	Ditto …	Permanent
26-A.	11˙55	Flies of Police Gazette	Ditto …	Ditto …	15 years
27.	11˙58	Library Register	Ditto …	Ditto …	Permanent
28.	12˙28(1)	Character rolls	Head Clerk	Ditto …	Ditto …
29.	12˙28(2)	Service Books	Superintendent	Ditto …	Ditto …
30.	13˙6	Promotion List A	Ditto …	Ditto …	Ditto …
31.	13˙7	Promotion List B	Ditto …	Ditto …	Ditto …
32.	13˙8(1)	Promotion List C	Ditto …	Ditto …	Ditto …
33.	13˙9(1)	Promotion List D	Ditto …	Ditto …	Ditto …
34.	15˙11	Confidential Register of contingent expenditure incurred form head “Rewards.”	Ditto …	Ditto …	Ditto …
35.	16˙16 (1)	Punishment Register	Head Clerk	Ditto …	Ditto …
36.	20˙14	Registers E, F, G, H and I under the Arms Act.	Ditto …	Ditto …	Ditto …
37.	20˙18	Minute Book of meetings of Gazetted officers.	Superintendent	Ditto …	Ditto …
38.	21˙8	Confidential Note Book	Ditto …	Ditto …	Ditto …
39.	22˙68 (b)	List of licenses under the Excise Laws.	Head Clerk	Superintendent of Police	Revised ye˙arly.
40.	22˙68 (c)	List of licenses under the Indian Explosives Act.	Ditto …	Ditto …	Ditto …
41.	22˙68 (d)	List of licenses under the Petroleum Act.	Ditto …	Ditto …	Ditto …
42.	22˙68 (e)	List Of licenses under the Poisons Act.	Ditto …	Ditto …	Ditto …
43.	22˙68 (f)	Lit of Serais registered under the Serais Act. (No. XII of 1867)	Ditto …	Ditto …	Ditto …
44.	24˙8 (1)	Register of conizable offences.	Return – Writr	Ditto …	10 years.
45.	24˙18	File of special reports	Head Clerk	Ditto …	Ditto …
46.	26˙16 (2)	Register of Deserters	Ditto …	Ditto …	Ditto …
		ACCOUNTS BRANCH
47.	10˙5	Register in B. M. Form No.29	Accountant	Head Clerk	6 years
48.	10˙14 (6)	Receipt Book	Ditto …	Ditto …	Ditto …
49.	10˙17	File of Road Certificates….	Ditto …	Ditto …	When last certificate is 3 years’ old.
50.	10˙19 (2)	File book of treasury receipts.	Ditto …	Ditto …	6 years.
51.	10˙20 (1)	Chanda Fund Subscription Register.	Ditto …	Ditto …	Ditto …
52.	10˙27 (1) (a)	General Police Fund Cash Book	Ditto …	Ditto …	Permanent
53.	10˙27 (2)	General Police Fund Ledger	Ditto …	Ditto …	Ditto …
54.	10˙35 (1)	File books of vouchers	Ditto …	Ditto …	3 years. The sub-vouchers should not be destroyed even after the expiry of this period until departmental audit for the relevant period has been conducted and any objections relating to the voucher have been settled.
55.	10˙39 (6)	Check memorandum book	Ditto …	Ditto …	Ditto …
56.	10˙42 (1)1048 (1˙)(a)	Cash Distribution Register.	Ditto …	Ditto …	Permanent
57.	10˙48 (1)	General Cash Book…	Ditto …	Ditto …	Ditto …
58.	10˙88 (1)	Gradation List of Constables.	Ditto …	Ditto …	Ditto …
59.	10˙89 (c)	Register of absentees….	Ditto …	Ditto …	6 years
60.	10˙93	Check Register of postings of lower subordinates.	Ditto …	Ditto …	Ditto …
61.	10˙108	Register of permanent advance.	Ditto …	Ditto …	Ditto …
62.	10˙110	Register of contingent charges	Ditto …	Ditto …	Ditto …
63.	10˙160 (5)	Register of travelling allowance bills of enrolled officers	Bill Clerk	Accountant	3 years
64.	11˙33	Stamp Account Register.	Accountant	Head Clerk	When finished a new one be started.
		UNDER OFFICE
65.	4˙06 (2)	Check list of issues or replacement of clothing and equipment	Orderly Head Constable	Reserve Inspector	Permanent.
66.	8˙14 (a)	Applications for leave…	Ditto …	Ditto …	When finished a new one be started.
67.	8˙14(b) 8˙14©	Leave register with Index	Ditto …	Ditto …	When finished a new one be started.
68.	11˙48(2)	Stock Register to Urdu Stationery and Forms.	Record Keeper	Prosecuting Inspector	3 years
69.	11˙67 (1)	Diary of Urdu correspondence	Diarist	Ditto …	2 years
70.	11˙68	Despatch Book of Urdu correspondence.	Despatcher	Ditto …	Ditto …
71.	11˙70 (2)	Register showing receipts and issues of files.	Record Keeper	Head of Prosecuting Agency.3 years	Permanent
72.	12˙13	Recruit Register..	Orderly Head Constable.	Superintendent*Permanent of Police.	3 years
73.	13˙39	Urdu Personal Files.	Ditto …	Ditto …	*Permanent
74.	12˙40	List of vacancies	Ditto …	Ditto …	When a new one is made.
75.	12˙41 (1)	Long Roll	Ditto …	Ditto …	Permanent
76.	12˙16 (1)	Register of postings	Ditto …	Ditto …	When a new one is made
77.	14˙55	Urdu Order Book	Reader …	Ditto …	Permanent
78.	145˙66	File of Standing Orders.	Ditto …	Ditto …	Revised form time to time
79.	23˙20	District Register of absconders	Ditto …	Head of Prosecuting Agency.	Permanent
80.	23˙22	Register showing progress of action against absconders and proclaimed offenders.	Record Keeper.	Ditto …	6 years
80-A	23˙22	Register of proclaimed offenders	Ditto …	Ditto …	Ditto …
81.	23˙28	Register of Criminal Tribes.	Clerk in charge of Criminal Tribes work.	Head Clerk	Permanent
82.	27˙32 (1)	Receipt and despatch register of charge sheets.		Head of Prosecuting Agency	10 years
83.	27˙36	General Crime Register	Head of Prosecuting Agency	Head of Prosecuting Agency	Ditto …

form no. 11-25(1)

File Cover

Office of ___________________________ of Police _________________________

Subject-head___________________________

File No. _______________________________

Subject _____________________________________________________________________________

For previous file see No._________________________ of 19					* P – Pending or otherwise	For later file see No._________ of 19.
Index to contents of this file						For later file see No._________ of 19.
Form or to to whom	No. of letter received	No. of letter despatched	Date of letter	Page in this file		Subject
					P. P. P. P. P. P. P.

Note – When a letter is desposed of the P. opposite it will be struck out

form no. 11-28(1)

subject – head ________________________

1	2	3	4
Annual No. of file	Subject of the very briefly	Date when files ceased to be pending	Whereabouts of case with date (entries to be made in pencil to admit of necessary alteration)

form no. 11-28(1)

Date of receipt of stamps from treasury	Value of stamps received	How distributed			Total distributed	Receipt of receiving office
Date of receipt of stamps from treasury	Value of stamps received	English office	Urdu office	X	Total distributed	Receipt of receiving office
	*				+

(Form to be drawn by hand)

X – As many columns as are required i.e., for each officer.

* Total in hand on quarter ending –

+ Total issues during quarter ending –

form No. 11-39(2)

Check Statement of Periodical Returns.

Nature of Report or Return

Date on which due from Superintendent

Column 1. District

2. Date of receipt

3. Date of 1^st reminder

4. Date of 2^nd reminder

5. Date of 3^rd reminder

6. Date of 4^th reminder

Completed and submitted on :-

form no. 11-44

Police Department_____________ __________District or Range

indent for standard departmental forms (english)

form 1^st january ___________ to 31^st december 19 .

For the use of the _________________

Prepared ____________19 .

Despatched___________19 .

Serial No.	No. of form	Description of form	Annual consumption during			Average	Balance in hand, verified by a responsible official	Number now indented	Remarks
			19 .	19 .	19 .

form no. 11-44

indent for standard departmental forms (urdu)

required for use in the _________district during 19.

Serial No.	No. of form	Description of form	Annual consumption during			Average	Balance in hand, verified by a responsible official	Number now indented	Remarks
			19 .	19 .	19 .

form no. 11-58

Police Department_____________ __________District or Range

1	2	3	4	5	6	7	8			9
Register No.	Title of work	Name of author	Particulars of publisher and date of publication	Number of the edition	How obtained	Date of receipt	Amount paid			Remarks
							Rs.	a.	p.

form no. 11-67(1)

diary of urdu correspondence received in the office of the superintendent of police for the year 19 .

1	2	3	4	5	6	7
Diary Serial No.	Subject	Name and address of writer	Date of letter	Date of receipt in this office	Disposal of paper by receipt branch	reference

form no. 11-68(1)

despatch book of urdu correspondence issued from the office of the superintendent of polce in the year 19 .

1	2	3	4	5	6
Despatch Serial No.	Subject	Address	Date	Disposal of paper by despatch branch	Reference

form no. 11-69(2)

Challan of dak despatched by_______________________________

At __________________________ M. on 19 .

Case Diaries _________________________

Periodical Returns ____________________

General Dak _________________________

Order Book __________________________

Despatcher

Contents received and chlan returned at (time and date).

Recipient

form no. 11-70(2)

_________Police Department

1	2	3	4	5	6	7	8
No. and date of First Information Report	Offence	Name, parentage and residence of complainant	Name, parentage and residence of accused	Result of case with date, i.e., convicted, discharged or acquitted, untraced or cancelled	Where sent and when	Signature of recipient	Date of return

Note 1 – All files shall be entered according to numbers of First Information Reports.

2 – Sufficient space shall be left between each line to admit of entries being made in columns 6 to 8 each time a file is taken out of the record room

THE PUNJAB POLICE RULES

CHAPTER-XII. -- Appointments and Enrolments.

12.1. Authorities empowered to make appointments.--- (1) Assistant Superintendents of Police are appointed by the Secretary of State for India, either in England or in India, according to the rules farmed by him from time to time.

Deputy Superintendents of Police are appointed by the Provincial Government according to rules contained in Appendix 12.1.

The following table summaries the directions given by the Provincial Government under clause (b) of sub-section (1) of section 241 of the Government of India Act, 1935, in regard to the authorities competnt to make appointments to the non-gazetted ranks.

Class of Government

Servants

Authority to whom the power

Of appointment is delegated.

[For Pb.] “Officers incharge, Police Constables Training

Centres” and Officer in-charge

Of the Constables Advanced

Training Center.

The extent of the

Delegation

Inspectors

Sergents, Sub-Inspectors

And Assistant Sub-Inspectors

Deputy Inspectors-general

Of Police, Assistant Inspector-

General, Government Railway Police, Assistance Inspector-General, Provincial Additional Police, (designed as Commandant, Provincial Additional Police), and the

Assistant Inspector-General

Of Police (Traffic)

Superintendent of Police

And Deputy Superintendent

(Administrative), Government

Railway Police and Assistant

Superintendent, Government Railway Police.

Full powers subject to

Rules governing the conditions of service as defined in Police Rule.

Contd.

Head Constables and constables

Superintendent of Police, and Deputy Superintendent, (Administrative),Governme-nt Railway Police, Assistant Superintendent, Government Railway Police, Deputy Superintendents incharge of Railway Police Sub-Divisions, Senior Assistant Superintendent of Police, Lahore and Officers in-charge, Recruits training Centres, Deputy Superintendent of Police, Punjab Armed Police, Lahaul and Spiti.

(2) All direct appointments to non-gazetted ranks above that of constable and all first appointments of civilian clerks shall be made by the appointing authority on consideration of the recommendations of a selection board. Such Boards shall be constituted in accordance with the orders of the Inspector-General.

(3) The power to confirm the appointment of officers appointed on probation vests in the prescribed appointing authority.

(4) Inspectors shall be borne on a provincial roll and shall receive provincial constabulary numbers. Sergeants shall be borne on a separate provincial roll and shall receive separate provincial constabulary numbers.

Sub-Inspectors and Assistant Sub-Inspectors shall be borne on range rolls and shall receive range constabulary numbers.

Head constables and constables in each district shall be borne on district rolls and shall receive district constabulary numbers.

(5) In matters relating to general conditions of service such as pay, pension , leave, joining time and travelling allowance, the subordinate ranks of the Police force of the State of Punjab shall be governed by the Punjab Rules, for the time being in force, in so far as they are not inconsistent with the provisions in these rules.

NOTE.—Regarding amendment by Haryana Govt.

No. G.S.R. 44/C.A. 5/1861/Amd. (1)/82 dated 26.3.1982

In the Punjab Police Rules.---

(a) for the words “Assistant Inspector General, Government Railway Police” occurring not in conjunction with “Superintendent of Police” or “Deputy Inspector General”. The words “Superintendent of Police Railways,” shall be substituted;

(b) for the words “Assistant Inspector General, Government Railway Police” Wherever occurring in conjunction with the words “Superintendent of Police”, the words “Superintendent of Police, Railways “ shall be substituted;

(c) for the words “Assistant Inspector General, Government Railway police” wherever occurring with the words “Deputy Inspector General of Police”, the words “Deputy Inspector General of Police, Railway and Traffic “ shall be substituted.

In the said rules, in chapters XII for the words “Deputy Superintendent of Police (Administration), Government Railway Police, or Assistant Superintendent Government Railway Police” wherever occurring, the words “Superintendent of Police, Railways” shall be substituted.

SYNOPSIS

1. Authority who appointed at the relevant time to be considered the appointing authority.

2. Compulsory retirement – Adverse remarks.

3. Order of discharge can only be made by Superintendent of police.

4. Promotion – Qualifying the lower school course—Names entered in List C-I meant for promotion.

5. Removal—By Superintendent of Police.

COMMENTS

1. Authority who appointed at the relevant time to be considered the appointing authority. Counsel for the petitioner has drawn our attention to the decision of the Delhi High Court in the case of the Management of Delhi Transport undertaking. New Delhi vs. B.B.L. Hajelay and another wherein it has been observed that a subordinate authority (1972 SLR 299 Delhi FB). In Krishna Kumar, Divisional Assistant Electrical Engineer and other, 1980 SCC (L&S) 1 at 3, the Supreme Court has observed that “Whether or not an authority is subordinate in rank to another has to be determined with reference to the state of affairs existing on the date of appointment . It is at that point of time that the constitutional guarantee under Article 311(1) becomes available to the person holding, for example, a civil post under the Union Government that he shall not be removed or dismissed by the authority subordinate to that which appoints him.

In view of the foregoing , we of the opinion that the contentions raised by the respondents in their counter-affidavit that S.P. ( Lines) was competent to enlist a Constable in Police force under P.P.R.12.1 and that he is cometent to remove such an employee after departmental enquiry is not legally tenable. That being so, we are of the opinion that the order of S.P. (Lines), Delhi dated 13.2.1969 Placing the petitioner under suspension, his subsequent order dated 17.5.1974 continuing the petitioner under suspension w.e.f. the earlier order dated 24.3.1975 wherein it was stated that the suspension of the petitioner cannot be said to be wholly unjustified within the meaning of F.R. 54(B)(5) and, therefore he will be entitled to only pay and allowances already drawn by him in the form of subsistence allowance for the period of suspension and the said period will be treated ad ‘not spent on duty’, are all unsustainable in law. Brahma Singh vs. Union of India 1988 (5) S.L.R.260.

2. Compulsory retirement…Adverse remarks. Reverting to the case in hand, the stand of the petitioner in para No. 4 of the writ petition that he was confirmed as Assistant Sub Inspector vide order dated February 28,1983, Annexure P.1 with effect from February 1, 1980, was refuted in the written statement. Annexure P.1 shows that the order passed by the Deputy Inspector General of Police dated February 28, 1983 and was communicated by Superintendent of Police Karnail whereby Karnail Singh petitioner was confirmed with effect from February 1, 1980. Furthermore, it was Deputy Inspector General of Police who passed the order on April 23, 1983 annexure P.2 allowing retention in service of the petitioner beyond the age of 55 years.

The petitioner was brought on list ‘E’ and he was promoted as Sub Inspector on April 1, 1977 as mentioned in para No. of the petition. This fact was not denied in the corresponding para in the written statement. It is not the case of the respondents that the petitioner was promoted as Sub Inspector by the Superintendent of Police.

The case of the petitioner is that of promotion to the post of Assistant Sub Inspector and Sub Inspector. Substantively he was confirmed on the post of Assistant Sub Inspector under order of the Deputy Inspector General of Police. Thus, for all intents and purposes the appointing authority of the petitioner to the post of Assistant Sub Inspector and Sub Inspector was Deputy Inspector General of Police and not the Superintendent of Police. This being a case of promotion and not initial appointment, Superintendent of Police cannot be treated as competent authority under Rule 12.1 of the Police Rules in this case, Kamail Singh of Haryana and others, 1989(2) S.L.R. 345= 1989(2) RSJ 536

3. Order of discharge can only be made by superintendent of Police. The rule as such does not take of any appointing authority, and therefore, could not be dad to be subject to rule 12.1 which provides the authority power to make appointments. Even if the Assistant Superintendent was competent to make appointment to non-gazetted rank even then the discharge order under rule 12.21 could be passed by the Superintendent. It is particularly so because there was no appeal provided against such an order of discharge. Jagjit Singh’s case, AIR 1970 SC 122 has no applicability to the facts of the present case. Therein the rule under consideration was rule 16.1 in chapter 16 which is altogether different from the rule 12.21 in chapter 12. That being so, the other contention of the learned counsel for the respondent need not be gone into. Consequently the appeal fails and is dismissed with no order as to costs. State of Punjab and another vs. Sudershan Rani, 1989(4) S.L.R.305.

4. Promotion--- Qualifying the lower school course – Names entered in List C-1 meant for promotion . Action of the respondent, so far as the transfer of certain constables from other districts to Faridabad district in order to check the uneven increase in vacancies in the cadre of Head Constables and ad hoc promotions of outstanding and meritorious Constables to the rank of Head Constables are concerned may be justified in the exigencies of service, by so far as non-consideration of the claims of the petitioners, who were admittedly senior and fully qualified and eligible for promotion as Head Constable is wholly arbitrary and discriminatory. The respondents were duly bound to consider the petitioners for promotion to the rank of Head Constable when the petitioners were fully eligible according to the statutory rules. If the respondents though that the increase of chances of promotion was uneven in the case of Head Constables in district Faridabad and for that purpose Constables had to be brought from other districts for promotion, there was no necessity of making ad hoc promotions from amongst Constables posted in district Faridabad itself. These ad hoc promotions made in favor of Constables, howsoever outstanding and meritorious they may be, could not be made at the cost of their seniors. If the transfer of Constables from other districts to Faridabad was to be made as considered necessary in the exigencies of service, when while making promotions to the rank of Head Constable, the petitioners should also have been considered for promotion. Otherwise, if the Constables who are qualified and senior in their own district are to be ignored and Constables from other districts are to be brought for promotion, the impugned action will be wholly arbitrary and discriminatory . Jai Kishan and others vs. State of Haryana and others, 1987(4) S.L.R.740.

5. Removal – By Superintendent of Police. It is well known that the Assistant inspector General of Police functions on behalf of the Inspector General of Police the said order dated 21.3.1964 is relatable to and has to be read in conjunction with the previous order of the Inspector General of Police dated 21.12.1963 who had directed that a test should be held for promoting Head Constables against existing vacancies. The Assistant Inspector General of Police, was acting only on behalf of the Inspector General of Police, not as Superintendent of Police, since he was only carrying out the orders previously passed by the Inspector General.

Whether it was the Deputy Inspector General of Police, as mentioned in the petition who appointed the petitioner, or whether it was even the Inspector General of Police himself who did this, it is clear that the petitioner was promoted by an officer higher in rank than a Superintendent of Police. The mer fact that an Assistant, who merely carried out the orders of the Inspector General of Police, had signed the order pertaining to the petitioner’s promotion as Head Constable cannot make it a promotion made by a Superintendent of Police merely on the ground that the Assistant Inspector General of Police, working as the I.G.’s assistant , is also a Superintendent of Police. He was not making the said promotion in his rank or status or even exercising functions as Superintendent of Police. On account of the abovenoted features relating to the petitioner’s promotion it is small wonder that both the petitioner as well as the Police Department experienced difficulty in the matter of making a precise plea concerning it . Ram Karan vs. Union of India and others, 1975(2) S.L.R.683.

12.2. Seniority and probation.-- (1) The seniority of Assistant Superintendents of Police is regulated by the orders passed from time to time by the Secretary of State and the Central Government.

No Probationary Assistant Superintendent of Police shall be permanently appointed as an Assistant Superintendent of Police until he has passed the prescribed departmental examinations.

A Probationary Assistant Superintendent of Police who does not qualify by passing these examinations within two years, or at the first examination after two years, from the date of his joining the service, will be removed from Government service; provided that the provincial Government shall have power to relax this rule in special cases, when the Probationary Assistant Superintendent of Police is likely to make a good police officer.

(2) The rules governing the probation and seniority of Deputy Superintendents of Police are contained in Appendix 12-1.

(3) All appointments of enrolled police officers are no probation according to the rules in this chapter applicable to each rank.

Seniority in the case of upper subordinates, will be reckoned in the first instance from date of first appointment, officers promoted from a lower rank being considered senior to persons appointed direct on the same date, and the seniority of officers appointed direct on the same date being reckoned according to age. Seniority shall, however, be finally settled by dates of confirmation, the seniority inter se of several officers confirmed on the same date being that allotted to them on first appointment. Provided that any officer whose promotion or confirmation is delayed by reason of his being on deputation outside his range or district shall, on being promoted or confirmed, regain the seniority which he originally held vis-à-vis any officers promoted or confirmed before him during his deputation.

The seniority of lower subordinates shall be reckoned from dates of appointment, subject to the conditions of rule 12-24 and provided that a promoted officer shall rank senior to an officer appointed direct to the same rank on the same date.

“Provided that in the case of officers recruited direct after 23^rd December, 1958, as a result of the same examination or selection, their inter-se-seniority shall be reckoned.

(a) by the order of merit fixed by the selection body, and

(b) when there is no such order by merit indicated, by the age of the candidate, i.e., the oldest being placed the senior-most and the youngest the junior-most”.

SYNOPSIS

1. Automatic confirmation.

2. Maximum period of probation in the case of a police officer.

3. Reversion to substantive rank of Sub-Inspector.

4. Seniority whether to be counted from the date of appointment or promotion as the case may be or from the date of confirmation.

COMMENTS

1. Automatic confirmation. The relevant provision relating to probationary period of promoted officers of the police is contained in rule 13-18 of the Rules which is applicable in the present case. A bare reading of rule 13-8 of the Rules shows that it relates to Inspectors, Sergeants, Sub-Inspectors, and Assistant Sub-Inspectors who are directly appointed, whereas Rules 13-19 lays down the period of probation for officers who have been promoted in rank.

The appellant there was appointed purely on a temporary basis and not on probation and, therefore, Rule 12-8 on the assumption that Rule 12-8 applied to the appellant there. It was held that a probationer could not be deemed to be automatically confirmed in the absence of express order of confirmation and the probation is presumed to be extended. However, it was held that in view of the fact that rule 12-8 is differently worded than Rule 13-18 the ratio of the decision in Partap Singh’s case was not applicable. I agree with Chadha J. and following the law laid down by the Division Bench of this Court in the above said two cases. I hold that the petitioner is deemed to have been confirmed from 1^st January, 1963, as a Head Constable and his seniority in that rank by virtue of Rule 12-2(3) is to be counted from 1^st January, 1961, Ram Pat vs. Union of India and other, 1984 (3) S.L.R. 756

2. Maximum period of probation in the case of a police officer. The maximum period of probation in the case of a police officer of the rank of constable is three years, for the Superintendent of Police concerned ahs the power to discharge him within that period. It follows that the power to discharge cannot be exercised under rule 12-21 after the expiry of the period of three years. If therefore it is proposed to deal with an inefficient police officer after the expiry of that period , it is necessary to do so in accordance with the rules of Chapter XVI of the Rules which makes provision for the imposition of various punishments including dismissal from the police force. It is not permissible to ignore those rules and make a simple order of discharge under Rule 12-21 after the expiry of the period of three years for that will attract Article 311 of the Constitution. The Superintendent of Police concerned could not have ignored that requirement of the law and terminated the services of the three respondents after the expiry o the period of three years from their enrolment in the police force of the State. The Superintendent of Police, Ludhiana and another vs. Dwarka Das, 1979(1) S.L.R. 299.

3. Reversion to substantive rank of Sub-Inspector. There is no manner of doubt that the underlying principle of rule 13-12(1) and as a consequence of rule 13-16(2) is that promotions to the temporary vacancies of Sub-Inspectors and Inspectors are not hide bound by seniority but by the overriding consideration of affording equal opportunities to all eligible candidates on list ‘E’ and ‘F’ for holding an independent charge in the higher rank and to test their mettle in these posts. Gurcharan Singh vs. State of Punjab, 1976 P.L.R. 166.

4. Seniority whether to be counted from the date of appointment or promotion as the case may be or from the date of confirmation. A reading of Rule 12-2 would demonstrate beyond doubt that it is the date of appointment or promotion, as the case may be, which is relevant for the purpose of the purpose of determining seniority and not the date of confirmation. K.S. Tiwana, J. in Gurdial Singh’s case discussed the matter threadbare and held that the seniority of the lower subordinates i.e. Head Constables who are promoted from Constable, shall be determined in accordance with third paragraph of the sub-rule (supra). The language of this sub-rule in clear and umambiguous terms provides that the seniority of the lower subordinates shall be reckoned from the dates of their appointments. I am in complete agreement with the view expressed by K.S. Tiwana, J. (as he then was) Additionally, it is the admitted position that confirmation of head Constables is done district-wise. In a given case depending upon the availability of confirmed posts in a particular district junior persons may score over senior for the simple reason that in that district the vacancies of confirmed employees are in existence whereas in the other district there is bought of such vacancies. This precise matter was dealt with by the Hon’ble Supreme Court in D.K. Mitra’s case (supra) wherein it was held that when the seniority lists are prepared zone-wise for determining seniority, the date of confirmation would be wholly irrelevant. Mohinder Singh, Head Constable and other vs. The State of Haryana and other, 1991(4) S.L.R. 757 = 1990(1) RSJ 801.

12.3. Direct appointments of inspector and assistant sub-inspector – Except as provided in Rules 12.1 and 12.4, direct appointments shall not be made except in the rank of Inspector Sub-Inspector and Assistant Sub-Inspector. Such appointments in the rank of inspector and assistant sub-inspector may be made up to a maximum of ten per cent anr twenty per cent of vacancies respectively.

12.3 A. Appointment of Urdu Stenographer – Appointment to the special posts of Urdu stenographer is made in the rank of Assistant Sub-Inspector by the Deputy Inspector-General of Police, Criminal Investigation Department, Punjab. These appointment are governed by the rules contained in Appendix 12.3-A.

SYNOPSIS

1. Any rule which affects promotion pertains to conditions of service.

2. Entitlement to the privilege as was available.

3. Promotion in the line ministerial and executive staff.

4. Recommendation of names of candidates by Commission gives no right to appointment.

COMMENTS

1. Any rule affects promotion pertains to conditions of service. – The promotion list of Head Constable (Ministerial) prepared on the basis of the impugned standing Order is not in accordance with law. The Standing Order on the face of it applicable to executive category has been wrongly applied to the ministerial category to which the petitioners belong. During the hearing, the learned consul for the petitioners stated that the petitioners had been confirmed as Head Constable in 1972 and they were appointed a Assistant Sub-Inspector initially on ad hoc basis and thereafter regularised in1979 and that they have been confirmed as such on 5.7.1983.

In view of the above, we order and direct that the petitioners should be considered for promotion by strictly applying the criteria contained in P.P Rule 12.3D read with P.P. Rule 13.17. If on such consideration, the petitioners are found suitable for promotion earlier than respondents 5-42, they would be entitled to have their due place in the seniority list. The petitioners have prayed that all the impugned lists as in annexure “A”,”B”,”C”, and “D” are liable to be quashed. In view of what is stated above, the impugned lists are hereby quashed. The respondents should prepare a fresh list of Head Constables ( Ministerial) and lists of officers suitable for promotion in the higher grade by strictly applying the provisions of P.P Rule 12.3D and 13.17 and consider the suitability of the petitioners for appointments for to such grades. The petitioners would also be entitled to all consequential benefits, including the arrears of pay. Banawari Lal and others vs. Union and others, 1988 (5) S.L.R. 306

2. Entitlement to the privilege/right as was available. – The stand of the respondents is that in view of the specific provisions made in the Dehli Police (Appointment & Recruitment) Rules, 1980, the relevant provisions of the Punjab Police Rules stand automatically repealed and are of no consequence. The post of the applicant has been designated as technical and the is accordingly not eligible for promotion to the post of Inspector.

According to the provisions any right, privilege, obligation or liability already acquired accrued or incurred before the commencement of these rules shall not be affected. According to our mind the applicant shall continue to remain entitled to the privilege / right, as was available to him under the Punjab Police Rules, in terms of which he was appointed to the post. From another view point, the rules under which the applicant was appointed cannot be varied to his disadvantage or detriment to his interest. Radihey Shyam vs. Commissioner of Police, 1992(4) S.L.R. 45

3. Promotion in the line of ministerial and executive staff. It is significant to note that the impugned Standing Order refers only to P.P. Rule 13-8 which applies to the executive staff and not to P.P. Rule 12-3D which applied to the ministerial staff. The P.P. Rule 12-3D does not provide for any test or course for the ministerial staff nor does it provide for Promotion Lists ‘A’, ‘B’,’C’,’D’,’E’, And ‘F’, As regards the ministerial staff, the promotion has to be based solely on the basis of seniority and the assessment contained in the confidential reports as per the provision of P.P. Rule 12-3D read with P.P. Rule 13-17 wchich are categorised as ‘A’,’B’, and ‘C’. In the case of ‘A’ category reports, promotion will be given irrespective of seniority. In the case of category ‘B’ reports promotion will be given in the ordinary course of seniority. In the case of ‘C’ category reports, the officer can be passed over for promotion. Banwari Lal and others vs. Union of India and others, 1988(5) S.L.R. 306

4. Recommendation of names of candidates by Commission gives no right to appointment. The grievance of the petitioners is that their names having been recommended by the Public Service Commission for the posts for which requisition was made by the Director of Public Instruction in July, 1970, they should have been appointed. However, no law or statutory rule has been brought to my notice providing that mere recommendation of the name of a candidate by the Public Service Commission clothes him with a legal right to be appointed to the post for which his name is recommended. The Public Service Commission is only an advisory body and recommends the names of the persons to be appointed in response to the requisition made by the Government or its departments. But it is for the State Government or any other appointing authority to make appointments in a accordance therewith or not. If the appointing authority does not make appointments in accordance with those recommendations, the candidate recommended ha no right to come to this court and claim that his legal right ahs been infringed and that a writ of mandamus should be issued to the appoint him. Davinder Singh and others vs. State of Punjab and others, 1982(2) S.L.R. 249

12-4. Sergeants - - appointment of. – Sergeants shall be appointed by Superintendents of Police or the Assistant Superintendent, Government Railway Police, on consideration of the recommendations of a selection board, to fill vacancies occurring in the District of the Punjab, the Railway Police or Delhi Province. Applications for appointment as Sergeant from Europeans and Anglo-Indians who are natural born British subjects shall be addressed in the Inspector-General, who will enter, in a list of accepted candidates to be maintained by him, the particulars of those applicants, whose physique, education and status is suitable.

NOTE. – British soldiers transferred to the Army Reserve in India may be appointed on probation as sergeant or Inspector of Police, if otherwise qualified. On confirmation in these posts they will be discharged from the Reserve. The date of confirmation must be communicated to the Officer-in-charge. Records, of the man concerned in Great Britain, to whom also his certificate of service (A.F.B. – 108) must be sent. British Army reservists serving in the police are not liable to be recalled to the army for any purpose.

(Authority : - Secretary, Army Department’s letter No. A-41236-1 (A.G.—6) of 1^st April, 1927, to all local Governments. )

SYNOPSIS

1. Selection for appointment as Assistant Sub-Inspector, Police.

2. Termination on account of concealment of involvement in criminal case in application for recruitment.

COMMENTS

1. Selection for appointments as Assistant Sub-Inspector, Police. Under Rule 12-4 of the Police Rules it was necessary for the authorities to verify character antecedents of the candidate before his appointment to the Police force. The report of verification obtained by the police department cannot be brushed aside. The extract from the judgment of the criminal Court acquitting the petitioner under Section 307/34, IPC shows that on account of discrepancies in the evidence produced, by way of abundant caution giving the benefit of doubt. Narindra Singh petitioner was acquitted. Learning counsel for the petitioners has argued that it was also mentioned in the judgment that in this part of the country, there was tendency to implicate the persons and it should be given weightage and acquital of petitioner should be considered as honourable. This contention cannot e accepted. Apart from this occurrence which resulted registration of case under Section 307, IPC in the year 1979, there was another case registered against the petitioner in 1988. The overall assessment made by the department on the basis of antecedents was that the petitioner should not be appointed. Narindra Singh vs. Punjab and others, 1992(5) S.L.R.255

2. Termination on account of concealment of involvement in criminal case in application for recruitment. The plea taken by the respondents in highly hypertechnical and the writ petition deserve to be allowed. It is not a concealment of fact regarding his earlier conviction which can be taken into consideration against an employee and on the basis whereof his appointment can be set aside later on. In the present case, petitioner had only been prosecuted and was acquitted by a competent Criminal Court. It was not necessary for the petitioner to disclose this fact to the respondents at the time of his submitting application for recruitment to the police service. In any case, the fact stands that there is nothing against the petitioner on the basis whereof his appointment could be set aside having already been made by order dated 4.9.1989 Annexure P.1. therefore, the non-disclosure of the information relating to his acquittal in the criminal case is no ground for withholding the appointment of the petitioner. Subhash vs. State of Haryana and another, 1990(4) S.L.R. 525

12-5, Applications for direct appointment as Inspector, Sergeant and Assistant Sub-Inspector. – Applications for direct appointment in the rank of Inspector, Sergeant and Assistant Sub-Inspector will be received and acknowledge as submitted, out on correspondence will be undertaken with applicants, nor will they be told whether they have been accepted as candidates or not. When appointments are to be made, pending applications will be considered and those applicants whom it is desired to call before a selection board will be informed at least a month before the assembling of the board.

12-6. Qualifications for direct appointment as Inspector or Assistant Sub-Inspector. – (1) Applications for direct appointment in the rank of Inspector or Assistant Sub-Inspector shall, at the discretion of the Inspector-General and range Deputy Inspector-General, respectively, be referred to the Superintendent of the applicant’s home district for report in Form 12-6(1).

(2) No applicant shall be accepted as a candidate for direct appointment as Inspector or Assistant Sub-Inspector who has not been certified as physically fit for service by a Civil Surgeon and who does not possess the following qualification : -

(a) Good moral character.

(b) Good physique and active habits.

(c) [For Hry.] He must be, on or before the 1^st day of February next preceding the date of submission of application to the Public Service Commission/Subordinate Service Selection Board less than 21 years and more than 30 [Vide Notification Dated 23.6.1989.] years of age for the post of an Inspector of Assistant Sub-Inspector;

Provided that the Legal Practitioners selected for appointment as prosecuting Sub-Inspectors, may be appointed up to 30 years of age;

Provided further that the Inspector General of Police may waive the maximum age limit in any case under special circumstances with prior consultation with Public Service Commission/Subordinates Service Selection Board.”

(d) [For Hry.] A candidate for an Inspectorship or an Assistant Sub-Inspectorship should be a graduate of a recognized University; provided that the Inspector-General of Police may in special cases dispense with the said qualificatin.”

(d) [For Pb.] He must, if a candidate for an inspectorship, ordinarily be a graduate of a University, or, if a candidate for Assistant Sub-Inspectorship have passed the first examination in Arts, or its equivalent in other faculties, or he must hold the Diploma of the Aitchison Chiefs College; provided that the Inspector-General has power, in special cases, to dispense with this educational qualification.

[For Punjab]

Note 1. – Legal practitioners selected for appointment as prosecuting sub-inspectors may be enrolled up to the age of 30 years.

“Note 2—Inspector General may, in special circumstances to record in writing, relax the upper age limit in the case of candidates.

Note 3. – A candidate whose age is not less than 17 years my be enrolled, subject to the condition that the service rendered before the age of 18 years shall not qualify for pension”.

[For Haryana]

Note 1. – A candidate whose age is not less than 17 years may be enrolled, subject to the condition that the service rendered before the age of 18 years shall not qualify for pension”.

“Note 2. – Upper age limit shall be relaxable in case of Scheduled Castes, Scheduled Tribes, Backward and Ex-servicemen recruits in accordance with instructions issued by the State Government in this behalf from time to time”.

( Hr. G.S.R. 64/C.A-5/1861/Ss.2 and 7/Amd (1) 74 dt. 18.5.74)

SYNOPSIS

1. Appointments made without complying with the formal letter of law-Would stand vitiated.

2. Good Physique takes within its ambit the height and other physical qualifications.

COMMENTS

1. Appointments made without complying with the formal letter of law – Would stand vitiated. Appointment was offered to the selected candidates without prior police verification and medical examination as required by Rule 12-6 of the Rules. It is argued that in this admitted situation the appointment of the respondents was bad as being in violation of the rules. While we are of the opinion that it is only appropriate that before appointments are actually made, requirements of medical examination and character verification should be complied with, but it cannot be held as a matter of law that in case the appointments are made without complying rigidly with the formal letter of the law, they would stand vitiated. As already mentioned above, the Government had taken a positive decision and relaxed the rigid compliance with Rule 12-6 in the case of the selected candidates and had issued a direction that the medical examination and police verification could be done after appointment keeping in view exigencies of service. We are of the view that this amounts to substantial compliance with the rules and although the action is to be deprecated, it would not vitiate the selection. Parkash Vir and others vs. State of Haryana and others, 1992(1) S.L.R. 157

3. Good Physique takes within its ambit the height and other physical qualifications. Good physique takes within its ambit the height and other physical specifications, whereas the on star physical test has been introduced to evaluate the active habits’ of the applicants. As a matter of fact these supplement the Rules and make their applicability more uniform and practical and leave little to the caprice or whim of the selecting agency. It is significant that the Rules do not talk of a written test as well, but there has been no argument by either side on this aspect. Some arguments were made on the question as to what were the requirements of the one star physical test. The contesting parties and the respondents inter se were at variance on this question. We are of the view that the one star physical test implied the passing of all 5 items as per the advertisement. We have examined the matter on the basis of the record and find that out of the 19 candidates selected, only 7 passed in all five tests. The entire selection is, therefore, liable to be set aside on this score alone. Parkash Vir and others vs. State of Haryana and other, 1992(1) S.L.R. 157

12.7. Assistant Sub-Inspector’s list of accepted candidates. – (1)A list of accepted candidates for direct appointment to the rank of Assistant Sub-Inspector shall be maintained in the office of each Deputy Inspector-General in form 12.7 (1) and appointments shall be made by selection from this list. Candidates must be limited to residents of the range. No person who is already serving in or has resigned from the police force of another Province shall be accepted as a candidate without the approval of the Inspector-General of Police of that province.

(2) The Assistant Inspector-General, Government Railway Police, shall maintain a similar list, but may accept candidates residing in the province.

12.8 . Probationary nature of a appointments. – (1) Inspectors, Sergeants, Sub-Inspectors and Assistant Sub-Inspector who are directly appointed will be considered to be on probation for three years and are liable to be discharge at any time during or on the expiry of the period of their probation if they fail to pass the prescribed examinations including the riding test, or are guilty of grave misconduct or are deemed, for sufficient reason, to be unsuitable for service in the police. A probationary inspector shall be discharge by the Inspector-General and all other Upper Subordinates by Range Deputy Inspector-General and Assistant Inspector-General Government Railway Police, Assistant Inspector-General, Provisional Additional Police (designated as Commandant, Provincial Additional Police) and Assistant Inspector-General of Police(Traffic). No appeal lies against an order of discharge.

(2) The pay admissible to a probationary Inspector, Sergeant, Sub-Inspector or Assistant Sub-Inspector is shown in Appendix 10.64 Table A.

SYNOPSIS

1. Passing the Departmental Examination.

COMMENTS

1. Passing the Departmental Examination. – Confirmation can only be if he passes the departmental examination. Jagjit Singh vs. Punjab, 1967 Cur L.J 187

12.9 . Appointment as range auditors. – Appointments to the three special posts of range auditors is made by the Inspector-General. These appointments are governed by the Punjab Police Clerical Service Rule. Men appointed as auditors shall receive the special rates of pay specified in Appendix 10.64, Table A.

12.10. Appointment of head constable. – (1) Head Constable shall be appointed by promotion from selection grade constable in accordance with rules 13.7 and 13.8.

12.10 A . Direct appointments of selection grade constable. – Matriculates of good social status and strong family claims may be enlist in the selection grade of constables up to a maximum of 10 per cent of the posts in this grade, and should be given a promise of accelerated promotion if they pass the recruits with credit. No officers directly appointed under this rule should be confirmed or admitted to promotion list B-1 maintained under Police Rule 13.7 without the sanction of the Deputy Inspector-General. If such officers work well, they will be sent to the Lower School course at Phillaur directly they are conformed and they continue to receive good reports they will be deputed to be take Intermediate course when they have six years service. Any such officers who fail to pass the recruit’s course with credit should be reverted to the time-scale and would not be entitled to accelerated promotion. Deputy Inspectors- General during their formal and informal inspections of districts should satisfy themselves that these officers are making satisfactory progress and have justified their appointment. Cards for these officers shall be mainted in form 138.8(1) from the date on which they are enlisted.

SYNOPSIS

1. Persons directly recruited as Selection Grade Constables.

COMMENTS

1. Persons directly recruited as Selection Grade Constables. Rules in terms applies to person s directly recruited as Selection Grade Constables and the petitioner is not one of them, but this does not mean that the petitioner cannot be deputed to undergo the Intermediate School Course. It has not been contended that the petitioner as a confirmed Head Constable is not entitled to be considered for promotion. The petitioner, who was a confirmed Head Constable with requisite length of service and who had earned consistently good repots, could not be debarred from being deputed for the Intermediate School Course, simply because he did not secure a position of merit, in the unauthorised test which was introduced by the departmental authorities. Ram Kishan, Head Countable Vs The Inspector General of Police, Haryana and others, 1968 S.L.R. 661.

12.11. Restriction on appointment of non-British subject- The appointment to the provincial or subordinate ranks of the police of any person, who is not a British subject, or the subject of any State in India, requires the prior sanction of the Government of India. All such cases shall be reported by the appointing authority through the ordinary channel of correspondence in the prescribed from (obtainable from the Central Police Office), and no such appointment shall be made substantive, until the required sanction has been communicated.

12.12. Supervision of recruitment--. The standard of performance and the reputation of the whole police force depend above all upon the quality of its constables. Standards for recruits are laid down in the rules which follow, but, over and above, these, constant attention and effort to raise the general standard of recruitment are essential. Gazetted officers shall at all times devote special attention to discovering and encouraging men of a thoroughly good stamp to enroll themselves. Efforts shall be made to enroll a proportion of men belonging to communities or classes, whose representation in the force is desirable, but who appear reluctant to offer themselves. The examination and measuring of candidate for enrollment shall invariably be carried out by a gazetted officer, who shall concern himself specially to prevent the victimization of, or the taking of illegal gratification from, candidates by subordinate Government servants concerned in the conduct of their examination. Superintendents shall personally satisfy themselves that the arrangements for the reception of new recruits in the Lines, and for providing them with bedding and warm clothing, whether as a sanctioned Government issue or under a system whereby the cost is recovered later in installments from pay, are adequate, and the recruitment is not discouraged by initial and avoidable hardships. Deputy Inspector-General, in additional to exercising a careful control over recruitment generally, and preventing the enrolment of undesirable types, shall, at their inspections, formal and informal, pay special attention to the observance of this rule.

SYNOPSIS

1. Discharge from service while still under suspension.

2. Initiation of disciplinary proceedings.

COMMENTS

1. Discharge from service while still under suspension. The Superintendent of Police has to consider and decide to whether or not a constable is likely to prove an efficient police officer. If on a consideration of material in his possession, he forms an opinion that he is not likely to prove an efficient officer, an order of discharge can be passed. However, the order has to be passed on some objective data. In the present case, this does not appear to have been done. The petitioner was accused of having committed an offence. Soon after the registration of the case, he was placed under suspension. He was never reinstated. While he was still under suspension, the petitioner was ordered to be discharged from service. Full salary was not paid to him for the period of suspension. Even otherwise, nothing has been shown from his character-roll or any other record to indicate that there was any adverse report or comments regarding his performance. On the contrary, there is an entry in his character roll which shows that the petitioner had been had been awarded a commendation certificate “in recognition of doing conspicuously good word for the administration of law and maintenance of peace, safety and good order and for conduct displaying exceptional address, acuteness, industry, fidelity for smooth functioning of government work during Independence Day, 1990 Celebrations. “He was also given a cash reward of Rs. 50/-. In this situation, it is apparent that the order of discharge was passed solely on account of the allegations made in the above mentioned FIR against him. These allegations do constitute misconduct. However, on the basis thereof, an order of discharge could not have been passed. If these allegations were found to be correct during enquiry, the petitioner could have been dismissed from service. However, the procedure prescribed under the Rules had to be followed.. This was not done. Taking the totally of circumstances into consideration, I am driven to conclude that the petitioner was in fact punished for the alleged misconduct and the order dated April 18, 1991 was not a simple order of discharge. Sunder Kumar vs. State of Haryana and others, 1992(5) S.L.R. 727 = 1991 (3) RSJ 504.

2. Initiation of disciplinary proceedings. These is also another aspect of the matter. It is well established that what is material for the purpose of Article 311(1) of the Constitution is who actually appointed the person concerned. What is involved in matters of appointment and removal for the purpose of Article 311 of the Constitution is the status and rank of the employee and the state and rank of the authority taking action vide the Management of Delhi Transport Undertaking vs. BBL Hajelay and another, 1972 SLR 787 SC. In the present case, the petitioner was actually appointed as a Constable by the S.S.P exercising the powers of D.I.G. of Police who, in terms of rank and status, was higher than that of the Additional Supdt. Of Police. The Additional S.P. who was a lower authority, was, therefore, not competent to initiate disciplinary proceedings against the petitioner. As has been pointed out in para 12 above, it was only after the issue of the notification dated 18^th May, 1968 that the Additional S.P. was empowered to exercise the powers and perform the duties of a District Supdt. of Police. The Commandant of the Delhi Armed Police was empowered to exercise the same powers only by the notification issued by the Lt. Governor on 6^th May, 1976. Lakhi Ram vs. Union of India and others, 1989(7) S.L.R. 365.

12.13 Recruits—register of.-- The name of every recruit, together with the other details required by the form, shall be entered in English in the Recruit Register in Form 12.13 and the form shall be completed as to age and physical fitness by the Civil Surgeon before the recruit is enrolled. No recruit shall be accepted, who, unless he had already had small-pox and shows obvious scars thereof, is not certified by the Civil Surgeon on have been successfully vaccinated or re-vaccinated within the previous twelve months. The Recruit Register shall be examined and countersigned by the Deputy Inspector-General when visiting the district for purpose of inspection.

12.14 Recruit—Status of.-- (1) Recruits shall be of good character and great care shall be taken in selection men of a type suitable for police service from candidates presenting themselves for enrolment.

3. The enlistment in the police of Gurkhas of Nepalese nationality is absolutely forbidden. The enlistment of Gurkhas, who can prove British nationality or continuous domicile, is permitted, but only with the formal sanction of the Deputy Inspector-General. Before giving sanction the Deputy Inspector-General sbould verity the nationality of the proposed recruit by a reference to the recruiting Officer for Gurkhas.

4. Sons and near relatives of persons who have done good service in the Punjab Police or in the Army shall, subject to the consideration imposed by rule 12.12 have preference over the other candidates for police employment.

SYNPOSIS

1. Preference in favour of some and near relative of persons.

2. Relaxation of age, qualification and Physical standard to the words of ex-policemen.

3. Relaxation of rules-Petitioners despite that relaxation not sent for training of constables.

4. Relaxation should be made by the Administrator.

5. Rules framed under the Police Act of 1861.

COMMENTS

1. Preference in favour of some and near relatives of persons. Rule 12.14(3) of the Punjab Police Rules, 1934 which authorised the granting of preference in favour of sons and near relatives of persons serving in the police service became unconstitutional on the coming into force of the Constitutions. While it may be permissible to appoint a person who is the son of a police office who dies in service or who is incapacitated while rendering service in the Police Department, a provision which confers a preferential right to appointment on the children or wards or other relatives of the police officers either in service or retired merely because they happen to be the children or wards or other relatives of such police officers would be contrary to Article 16 of the Constitutions. Opportunity to get into public service should be extended to all the citizens equally and should not be confined to any extent to the descendants or relatives of a person already in the service of the State or who has retired from the service. Yogender Pal Singh and other vs. Union of India and others, 1987(1) S.L.R. 379.

2. Relaxation of age, qualifications and Physical standard to the wards of ex-policemen It is not the case before me that this provision of public employment is invalid because no one from outside has come to challenge the validity of this provision. In 1975, 1976 and 1977 the Government itself acting under this very provisions granted relaxation. Now they deny relaxation because they say that it can be availed of only by one son of the a Policemen. I find there is no such restriction in sub-rule (3). If the Government itself makes a special provision as it does by making the order dated 3.10.81 in favour of the wards of the Delhi Policemen, there is no good reason why the provisions of sub-rule (3) of rule 12.14 should also not be followed in cases of sons and near relatives of police constables. Jogindar Pal Singh vs. Union of India and others, l1983(3) S.L.R. 252.

3. Relaxation of rules—Petitioners despite that relaxation not sent for training of constables. The petitioners will be appointed as constables and will be given the required training subject to fulfilling the requirements of the order dated 3.10.81. Seniority of these petitioners will be reckoned from the date when their colleges were sent for training and were appointed as constables. Future increment and other benefits will be given on that basis. No pay will be given for this period. Pay will be given from the date of their appointment. Jogidnar Pal Singh vs. Union of India and others, 1983(3) S.L.R. 252.

4. Relaxation should be made by the Administrator. Under Rule 30 of the Rules any relaxation should be made by the Administrator (lt. Governor of the Union Territory of Delhi) and not by the Deputy Commissioner of Police. Thus no reliance can be placed on the order of relaxation passed by the Deputy Commissioner of Police on 3.10.1981 and since by the letter dated April 3, 1982 the Delhi Administration had imposed an additional condition in respect of the wards of Delhi Policemen/Class IV employees that only son of police personnel/Class IV employee would be considered for grant f such relaxation of the appellants cannot claim that they were entitled to be recruited because admittedly their brothers had already been recruited in the Delhi Police Service on the basis of an earlier order of relaxation. Yogender Pal Singh and other vs. Union of India and others, 1987(1) S.LR. 379.

5. Rules framed under the Police Act of 1861. The rules framed under the Police Act of 1861 would continue to be in force after the Act came into force in so far as they were consistent with the Act but at the same time Section 147 of the Act authorised the Administrator (Lt. Governor of the Union Territory of Delhi) jto make rules regarding recruitment to and they pay, allowances and all other conditions of service of the members of the Delhi Police under Clause (b) of section 5. It is not disputed that rule 12.14 and rule 12.15 of the Punjab Police Rules, 1934 and the rules promulgated on December 31, 1980 death with identical subject, namely the recruitment of Constables to the Delhi Police Service. Yogender Pal Singh and others vs. Union of India and others, 1987(1) S.LR. 379.

12.15 Recruits-age and physical standards of.—(1) Recruits shall be not more than 25, or less than 18 years of age, (For Hry.—Recruits shall not be less than 18 years and not more than 27 years of age - Notification dated 14.3.1984) at the time of enrolment, and shall have a minimum height of 5’-‘7 and normal chest measurement of 33” with expansion of 1-1/2 inches. These physical standards shall not be relaxed without the general or special sanction of the Deputy Inspector-General. A general reduction of the standard may be allowed by Depty Inspector General in the case of special castes or classes, which provide desirable recruits, but whose general height does not come up to that prescribed. In \such cases a standard of chest measurement and general physique shall be fixed, which will permit the enlistment of strong and well-proportioned youths of the class in question. The Inspector General may in special circumstance to be recorded in writing relax the upper age limit and the physical standard in the case of recruits.

[For Haryana]

Note. 1- A recruit whose age is not less than 17 years may be enrolled, subject to the condition that the service rendered by him before the age of 18 years shall not quality for Pension.

Note.2- Upper age limit shall be reliable in case of Scheduled Castes, Scheduled Tribes, Backward Classes and ex-serviceman recruits in accordance with the instructions issued by the State Government in this behalf form time to time.

[For Punjab]

Not:-- A recruit whose age is not less than 17 years may be enrolled, subject to the condition that the service rendered by him before the age of 18 years shall not qualify for pensions.

2. The greatest care shall be taken to ensure that the age of the every police officer is correctly recorded at the time of his enrolment and appointment. The record then made becomes of the utmost importance when the question arises of an officer’s right to pension, and is accepted as decisive in the absence of full proof both that the original

entry was wrong and that the date of birth originally given was due to bonafied mistake.

A copy of this rule shall be passed inside the cover of the recruit register ( form 12.13) and the attention of the Civil Surgeon shall be drawn to it.

[For Himachal Prades]

In sub-rule (1) of rule 12.15 of the Punjab Police Rules 1934, as applicable to state of Himachal Pradesh, for the existing words and figures “ Recruits shall be not more than 25, or less than 18 years of age” the words and figures “Recruits shall be not more than 22 years ( 27 years for Scheduled Castes and Scheduled Tribes) or less than 18 years of age” shall be substituted.

SYNOPSIS

1. Date of birth.

2. Forfeiture of service-Date of birth

3. Intermediate School Course.

4. Recruitment in violation of Rule-discharge from service.

COMMENTS

1. Date of birth. Mere fact that School leaving Certificate records different date of birth is of no consequence. Constable Jagir Singh vs. The Inspector General of Police, Punjab and others, 1989 (1) RSI 609.

2. Forfeiture of service of birth. Date of birth. Even after the impugned order forfeiting four years service was passed, on the administrative side another order was passed by correcting the service record of the petitioner to incorporate August 10, 1938 ad the date of birth which was given in the education certificate. Subsequently the Commandant passed an order on February, 7, 1980 under the instructions of Deputy Inspector General of Police contained in the letter date January 30, that according to Appendix “B” to Rule 7.3 of the Punjab Financial Rules the recorded date of birth cannot be changed. Thus entry of date of birth as August 10, 1938 was cancelled and the original date of birth August 23, 1943 was substituted. Copy of the order is annexure P/2. The correctness of this letter has not been disputed. This shows that respondents are taking up contradictory stands. By passing the order of punishment the actual date of birth of the petitioner is taken as August 10, 1938 whereas the same is not considered for the purpose of service record as in Annexure P/2. The original given by the petitioner at the time of recruitment. The mere fact that in the School leaving certificate his date of birth is record as August 10, 1938 will be of no consequence. Furthermore, such a date of birth recorded therein. Needless to say such a date of birth was not recorded by the petitioner himself but by somebody who took him to the school for admission.

The evidence of such a person who recorded the date of birth of the petitioner at the time of his admission in the school was not recorded in the enquiry conducted against the petitioner. The report of the enquiry officer is solely based on the school certificate produced in the enquiry. Since such evidence cannot be considered sufficient to hold the actual date of birth of the petitioner being August 10, 1938, obviously the petitioner could not be penalized moreso, department for all intents and purposes is taking the date of birth of the petitioner as August 23, 1943, Jagir Singh vs. The Inspector-General of Police, Punjab and others, 1989 (3) S.L.R 278.

3. Intermediate School Courses. Petitioners have no right to be deputed to the course as no one from their range who was junior to them, had been deputed for the course then simply because by virtue of the interim orders, they have completed half of the Intermediate Course is no ground to allow them to continue with the course. Ilam Singh and ors. Vs. The State of Haryana and ors. 1992 (1) RSI 57.

4. Recruitment in violation of Rule—Discharge from service. None of the petitioners fulfils the prescribed standard. Accordingly, they were not eligible to be recruited. As such. I find no infirmity in the action of the respondents. Person who do not fulfil the conditions of eligibility are not entitled to continue on their posts. Keeping in view the fact that the petitioners admit the position as depicted in Annexure R-1to the written statement and that there is no claim on the behalf that the measurement as depicted in the written statement around no useful purpose would be served by directing the respondents to hear them. The purpose of the grant of an opportunity of hearing is only to ascertain the factual position. In case where there is no dispute on facts, no useful purpose would be served by directing the respondents to hear the petitioners. It is no doubt correct that normally before passing an order adverse to the interest of a person, he is entitled to be heard to that he can put froth his view point. How ever, such an opportunity is necessary only when a person disputed the facts on the basis of which the action is sought to be taken. In the present case, learned counsel for the petitioners is categorical in his assertion that he does not want even to controvert the factual position as depicted in the written statement. This being the admitted position it is clear that no useful purpose would be served by directing the respondents to re-decided the matter after hearing the petitioners. Ram Dia and other vs. State of Haryana and others, 1992 (5) S.L.R 719.

12.16 Recruits—Medical examination of –(1) Every recruit shall before enrolment, be medically examined and certified physically fit for service by the Civil Surgeon. A certificate, in the prescribed form (10.64) signed by the Civil Surgeon personally, is an essential qualification for enrolment –(vide Fundamental Rule 10).

The examination by the Civil Surgeon will be conducted in accordance with the instruction issued by the medical department and will test the eyesight, speech and hearing of the candidate, his freedom from physical defects, organic or contagious disease, or any other defect or tendency likely to render him unfit, and his age. The candidate must strip for examination, a loin covering being allowed except when the examination is being completed, and any candidate who refused to do so must be rejected. The conditions of police service make it necessary that the medical examination of candidates should be strict. Candidates shall be rejected for any disease or defect which is likely to render them funfit for the full duties of a police officer.

(2). Superintendents are themselves responsible for rejecting candidate whose general standard of physique and intelligence is unsatisfactory; only those candidate should be sent for medical examination whom the Superintendent has accepted a being up to the required standards in these respects. (See Appendix 12.16).

12.17. Recruits-Enrolment of—When a candidate has been passed by Superintendent of and the Civil Surgeon under rules 12.12 to 12.16, orders for his enrolment shall be entered in column 14, of form 12.13, and in the order book. The recruit shall be sent to the Lines Officer who shall personally place him in the charge of the chidril instructor. The latter shall be responsible for explaining to the recruit the disciplinary orders immediately applicable to him, for arranging for the issue to him recruits uniform and equipment, and for allotting him to a squad and showing him his place in barracks.

12.18. Recruits—Verification of character of – (1) The character and suitability for enrolment of every recruit shall be ascertained by a reference to the lambardars of village of ward member of the town of which the recruit is a resident. A search slip shall also be sent to the Finger Print Bureau in order to establish his freedom or oterhwise form conviction. Such lambardars or word member shall, if the recruit is of good character, furnish a certificate to that affect which shall be verified and attested by the Sub-Inspector in charge of the local police station. The Sub-Inspector shall also complete the information required by form 12.18 (1).

(2). If they recruit is not a resident of British territory, the Superintendent shall take steps to verify his character through other serving police officer, whose homes are the same neighborhood, or by such means as may be most suitable under the circumstances.

(3). Recruits shall be provisionally enrolled pending the result of the reference.

12.19. Recruiting arrangement.—(1) When sufficient recruits to fill vacacier in the rank of constable do not present themselves voluntarily at the headquarters of a district, or when other justify such action, police officers proceeding on leave shall be encouraged to enlist recruits at their homes, and selected men may be adapted singly or in parties on recruiting duty.

(2). When police officers are required under the provisions of the above sub-rule to bring recruits form another district, they shall be provided with a letter to the Superintendent of such district, requesting him to examine candidates brought before him and to have those are considered suitable for enrolment medically examined. A roll of all candidates passed as fit shall be prepared in form 12.13. by the superintendent who examines them, and they shall be enlisted on the establishment of the district in which they are to serve with effect form the date of their being so passed, and shall be entitled to pay and travelling allowance form that date, provided that they report for duty without delay and by the most direct route. The appointment of candidates enrolled otherwise than under this provision shall in no case be antedated.

(3). In case where a police officer has been put to expense on account of the feeding and travelling expenses of a candidate brought by him, and provided such candidate is accepted and enrolled, the actual expenses so incurred up to a maximum of Rs. 3, for each recruit, may be paid by the Superintendent from his grant for rewards.

12.20. Recruits-Dates of Enrolment of—Superintendent of Police shall fill up vacancies in the rank of constable as and when suitable men are available. Recruiting parties may be despatched, if any police officer who produces really good recruits should be given some reward in addition to travelling allowance. The dates of enlistment of recruits shall, however, as far as possible, be regulated to ensure that a sufficient number of men are enrolled on the same date to form a training squad to proceed from start to finish of their recruits training according to the prescribed syllabus.

12.21. Discharge of Inefficient.—A constable who is found unlikely to prove an efficient police officer may be discharged by the Superintendent at any time within three years of enrolment. There shall be no appeal against an order of discharge under this rule.

SYNOPSIS

1. Absence from duty.

2. Certificate of appointment

3. Certificate prescribed under Rule 12.22.

4. Competent authority.

5. Discharge.

6. Discharge during probation on the basis of unauthorised absence.

7. Discharge from service for being absence from duty for a few hours.

8. Discharge of police constable.

9. Discharge-no material on record to come to the conclusion that the constable was likely to prove a good police officer.

10. Discharge or police constable after the grant of certificate under rule 12.22. whether permissible.

11. Discharge-Reinstatement

12. Discharge-Relieved after more than 3 years 4 months of service.

13. Discharge within a period of three years of enrolment.

14. Discharge within period of three years under rule 12.21.

15. Natural justice- Discharge of enrolled constable.

16. Order of discharge.

17. Police officer cannot be discharged from service on account of misconduct of absence from duty.

18. Power to discharge.

19. Power of discharge a recruit

20. Power to discharge at any time within three years.

21. Power under-can be exercised only within three years of the enrolment of Constable.

22. Probationer- Removal form service-juniors retained –validity

23. Temporary employee- Discharge of on the ground that he having been found un- likely to prove an efficient police officer.

24. Termination of services of temporary lady constable.

25. Termination-put in six years as constable and obtained certificate under Rule 12.22.

COMMENTS

1. Absence from duty- Apparent that the petitioner was not merely discharged from service but had been punished on account of the alleged misconduct. Such an order could not have been passed except after the grant of a due and reasonable opportunity of hearing as contemplated under the provisions of the Punjab Police Rules and Article 311. Paramjit Singh vs. State of Haryana, 1991 (2) RSJ 705.

2. Certificate of appointment- A constable who has obtained a certificate under rule 12.22 cannot be dealt with under R.12.21. if he is to be removed from service procedure prescribed in Ch. XVI has to be followed. It is, therefore, aborts that the order of termination of the petitioner under rule12.21 is not justified by the police Rules. Dwaka Dass vs. Superintendent of Police, Ludhiana, IKR (1969) II Punj.324.

3. Certificate prescribed under Rule 12.22. The certificate prescribed under Rule 12.22 is meant to serve the purpose of section 8 of the Act by vesting a police officer with the powers function s and privileges of a police officer and has to be issued on his appointment as such. The certificate is thus a letter of authority, and enables the police officer concerned to enter upon his duties as a police officer. It has to be granted almost from the inception, when a person is app0ointed and enrolled as police officer, and it is not correct to say that the mere issue of the certificate puts its holder beyond the reach of rule 12.21 even if it is found that he is unlikely to prove an efficient police officer and has not completed the period of three year after his enrolment. The Superintendent of Police, Ludhiana and another vs. Dwaka Das, 1979 (1) S.L.R. 299.

4. Computer authority. Police Force is a special kind of force for which merely passing of examinations and tests is not enough Certain other qualities are required as stated in rule 19.5 of the Police Rules. It was wrong that there are no guide lines indicated in the rule for the exercise of the power by the competent authority under rule 12.21 of the Police Rules. The guide lines are stated in Chapter XIX, particularly rules 19.3 and 19.5. The competent authority exercises the power under rule 12.21 on certain reports and not in an arbitrary manner. It cannot, therefore, be said that the competent authority under rule 12.21. exercises any arbitrary power. Sawaranpuri vs. State of Haryana, 1970 Cur. L.J. 462=1972 P.L.R. 771.

5. Discharge. Original order of discharge (Annexure P-=1) was set aside and the petitioner was reinstated in service from the date of his discharge and that order of reinstatement could not be reviewed by the authorities as there is no provision for the same, Shishpal vs. State of Haryana, 1991(2) RSI 379.

6. Discharge during probation on the basis of unauthorised absence. Without going into the merits of the fact whether the petitioner has absented himself un auhtorisedly or was in fact under medical treatment and what is the evidentiary value of letter like Annexures P-3 and P-4, I am of the view that the impugned order though couched in simple language is in fact by way of punishment as the whole basis is the misconduct of the petitioner of having absented unauthorisedly during the training course. Admittedly no enquiry was held prior to passing the order of discharge. Om Parkash vs. state of Haryana and others, 1991(4) S.L.R. 75=1992(1) RSI 13

7. Discharge from service for being absence from duty for a few hours. We find that no doubt under Rule 12.21 of the Punjab Police Rules a Constable who is found unlikely to prove and efficient police officer may be discharged by the Superintendent at any time within three years of enrolment”, but the order of discharge cannot be based on some minor or trivial stray incident, as the language of the rule is clearly indicative of the intention of the rule makers; that the Constable has to be found unlikely to prove and efficient police officer, which can only be on the basis of opinion formed by the authorities by consistent lapses or misbehaviour on the part of the Constable which should be incompatible with his efficiency. These tests are completely missing in the present case and we are satisfied that the impugned order is wholly arbitrary in as much as mere absence from duty for a fee hours, although even that allegation is disputed by the petitioner, is not sufficient to be the basis of the order of discharge. Dinesh Kumar vs. State of Haryana and others, 1992(1) S.L.R. 582.

8. Discharge—No material on record to come to the conclusion that the constable was likely to prove a good Police Officer. There is absolutely no material on the record to prove that the plaintiff was not likely to prove a good police officer for which he could be discharged from service under Rule 12.21 of the Rules. It is evident from the said rule that the Constable shall be kept under close supervision and reported on at intervals of six months in From 195(1) by the Sub-Inspector or Inspector under whom he is working through his gazetted officer to the Superintendent of Police, No such six-monthly report has been brought on the record on behalf of the defendants. In the circumstances, there is no illegality in the concurrent findings of the two Courts below as to be interfered with in second appeal. Punjab State through Secretary to Government of Punjab Home Department, Chandigarh and anr, v.s Joginder Singh, Ex-Constable, 1989(3) S.L.R. 665.

9. Discharge of Police Constable. The Deputy Superintendent (Admn) exercises the powers of the Superintendent of Police of a Civil District. The order of discharge made by Deputy Superintendent of Police, therefore, was within jurisdiction. Sawaran Puri vs. The State of Haryana, 1970 Cur. L.J. 462=1972 PlR 771.

10. Discharge of police constable after the grant of certificate under rule 12.22 whether permissible. No constable can be discharged under rule 12.21 after the grant of the prescribed certificate under rule 12.22 to him is to say that rule 12.21 is non-existent, and can never come into effect. This argument was repelled by the Division Bench in Karan Singh’s case and we are in full agreement with the view taken by this Court. Jai Singh, Ex-Constable vs. State of Haryana and others, 1977(2) S.L.R. 371.

11. Discharge—Reinstatement. Another significant aspect of the matter is that the original order of discharge (Annexure P-1) was set aside and the petitioner was reinstated in service from the date of his discharge and that order of reinstatement could not be viewed by the authorities as there is no provision for the same. Shishpal vs. State of Haryana and others, 1991(4) S.L.R. 9-1991(3) RSI 379.

12. Discharge – Relieved after more than 3 yeas and 4 months of service. Under provision of P.P.R. 12.21 a constable who is found unlikely to prove an efficient police officer ma be discharged by the Superintendent of Police at any time within three years of enrolment. But in the instant case the petitioner was enrolled as a Constable in 1984 (6.2.1984) and the competent authority has passed the impugned order relieving him w.e.f. 20.6.1987, i.e., after more than 3 years and 4 months. Shishpal vs. State of Haryana and others, 1991(4) S.L.R. 9=1991(3) RSI 379.

13. Discharge within a period of three years of enrolment. The Appointing authority of the petitioner had considered has record of service on 10.2.1983 and decided to discharge him from service under rule 12.21 of the Rules. So far as the appointing authority is concerned, it exercised its power well within the period of three years communicated to him five days later, i.e. on 15.2.1983 and qua the petitioner it became effective on that date and he is entailed to salary till 15.2.1983. The assertion of the petitioner that he had unblemished record of service has been found to be incorrect. Besides punishment awarded to him at three occasions for lapse on his part in stance of his absence from duty recorded in the office file, which was also placed before the appointing authority. He willfully absented himself from duty for about ten hours from 10.P.M. on 1.12.1982 to 8.30 A.M. on 2.12.1982. he made an excuse that he was not feeling well but his version was disbelieved.

In view of the instances of lapse on the part of the petitioner in the performance of his duties mentioned in the written statement as also recorded in the office file which were taken into consideration by the appointing authority while exercising power under the aforesaid rule, no fault can be found with the said order. The contention of the learned counsel for the petitioner that the order Annexure P.5 is not a speaking order has also no force. It is a simple order of discharge and no reasons in support of the same were required to be given. Vinod Kumar vs. State Haryana and another, 1986(3) S.L.R. 311.

14. Discharge within period of three years under rule 12.21. The petitioner having once undergone a rigorous training and various tests provided by the various sub-rules of rule 12 and sub-rules (2) and (3) of rule 19 there can be no question of his being declared to be not likely to be an efficient police officer. We are unable to find any force in this argument. Rules 19.2, 19.3 and 19.4 are succeeded by rule 19.5 which by way of abundant caution makers it clear that all the provisions contained therein are subject to rule 12.21. the initial training provided for in the various provision of rule 12 is in order to qualify a constable for enrolment. The period of three years during which a constable can be discharged under rule 12.21 is in the nature of a probationary period. The fact that a constable undergoes training and rigorous tests rule 12.21. Jai Singh, Ex-Constable vs. State of Haryana and others, 1977(2) S.L.R. 371.

15. Natural Justice – Discharge of enrolled constable. It cannot be disputed that he from of the order is not decisive as to whether the order is simple order of discharge under Rule 12.21 of the Rules. It is always open to the Court before which the order is challenged to go behind the form and ascertain the true character of the order. If the Court holds that the order though in the form is merely a determination of employment is in reality a cloak for an order of punishment, the court would not be debarred, merely because of the form of the order, in giving effect to the rights conferred by law upon the employed. It gives an absolute power to the Superintendent of Police discharge a constable who is found unlikely to prove an efficient police officer. This rule applies where the constable is found not upto the mark in discharging his official duties. It relates to his functioning as a police constable. If an objective data available, the Superintendent of Police opines within three years of the enrolment of the Constable that he is not likely to prove an efficient police officer, the Constable can be discharged from service under the Rules. If he is accused of misconduct, then he is to be dealt with under Rule 16.24 of the Rules. Rule 16.24. lays down the procedure to be followed in departmental enquiries. If a Police Officer is accused of misconduct, the superior officer may direct an enquiry to be conducted against him unless the allegations are such that it can form the basis of criminal charge, the superior officer shall decide at that stage whether the officer accused of misconduct shall be tried departmentally firs and judicially thereafter. Jagit Singh, Ex-Constable vs. The Director General of Police and another, 1990(6) S.L.R. 700=(1)RSI 654.

16. Order of discharge. No departmental enquiry held against him. Purpose of impugned order found to be punitive. Jagit Singh vs. Director General of Police and others, 1991(1) RSJ 654

17. Police officer cannot be discharged from service on account of misconduct of absence from duty. Even though a reference has been made to Police Rule 12.21, yet it has been clearly stated herein that the petitioner had been dismissed from service w.e.f. May 30, 1990. It is also clear from a perusal of the documents on record as also the written statement that the petitioner was accused of being absent from duty. He had been called upon to show cause as to why action be not taken against him. In this situation, it is apparent that the petitioner was not merely discharged from service but had been punished on account of the alleged misconduct. Such an order could not have been passed except after the grant of a due and reasonable opportunity of hearing as contemplated under the provisions of the Punjab Police Rules and Article 311 of the Constitution. Paramjeet Singh vs. State of Haryana and others, 1991(6) S.L.R. 313 = 1991(2) RSJ 705

18. Power to discharge a recruit. The Police Rules disclose that the constable are appointed under rule 12.12. They are recruited and then their names are entered in the register of recruits. Thereafter, their physical fines is ascertained under rule 12.15. They are subjected to medical examination under rule 12.16 and after they have been declared medically fit, they are enrolled in the order book in Form 12.13. Thereafter the recruit is sent to the Lines officer who personally places him in the charge of the Chief Drill Instructor and thereafter his training starts. Rule 12.18 prescribes for the verification of the character of the recruit. rule 12.20 deals with dated of enrolment. Then follows rule 12.21 which confers powers on the Superintendent of Police to discharge a constable. In the context of the Police Rules, it appears that this Rule is meant to finally screen suitable persons who should be appointed to the police force. It is after a period of three years screening that a recruit is entitled to be enrolled as a police constables and then a certificate of appointment is issued to him in the Form 12.22(1) unless within the period of three years, he is discharged from service. There is no rule in the Police Rules providing for confirmation of temporary police constables. It is evident from the scheme of the Police Rules that the power to discharge a recruit, and here I must emphasise that all recruits are temporary hands, is with the Superintendent of Police and has to be exercised by him within a period of three years from the date the constable is brought on the register of enrolled recruits. As a matter of fact, under rule 12.18, a recruit can be provisionally enrolled pending, the result of reference as to his character. Therefore, if the intention was that a person should still remain a temporary hand after a certificate to him had been issued under rule 12.22, the framers would have made a similar provision as has been made in rule 12.20 namely that he will still be a provisional hand in the police force.

After reading the rules in Chapter XII in their proper context, the result is that a constable who has obtained a certificate under rule 12.22 cannot be dealt with under rule 12.21. If he is to be removed from service, procedure prescribed in Chapter XVI has to be followed. It is, therefore, obvious that the order of termination of the petitioner under rule 12.21 is not justified by the Police Rules and, therefore, must be quashed.

We may make it clear that we are not pronouncing upon the fitness of the petitioner to be retained in the police force. That is a matter which the Superintendent of Police or any competent authority in this behalf is entitled to determine. It will be open to them after following the procedure prescribed in Chapter XVI to dispense with the services of the petitioner if they are of the opinion that he is not a suitable person to be retained in the police force. We are only striking down the order because the order could not be passed under Rule 12.21. Shri Dwarka Dass vs. The Superintendent of Police, Ludhiana and other, 1968 S.L.R. 760

19. Power to discharge at any time within three years. Every service is governed by its own reles. No service rule can be struck down as being ultra vires Article 16 of the Constitution merely because it is more vigorous than the corresponding rule for some other service of the State or because its equal cannot be found in any other service. Eualityd of o9pportunity is guaranteed amonst equals. Inasmuch as the rule is the same for all the Constables in the Punjab Police Force the argument of discrimination is wholly fallacious. Jai Singh, Ex-Constable vs. State of Haryana and others, 1977(2) S.L.R. 371

20. Power to discharge. We are fortified in this view of ours by the authoritative pronouncement of their Lordships of the Supreme Court in S.P. Vasudeva vs. State of Haryana and others, AIR 1975 SC 2292. Indeed Mr. Saini concedes that if the constable covered by rule 12.21 can be equated to a probationer, he cannot press this argument. His submission however, is that according to rule 13.18 the constable are not governed by any rule as to probation. There is no doubt that rule 13.18 which refers to probationary period neither has not can have any application to constables, but the provisions of rule 12.21 provide for same kind of probation, and though this is not called a probationary period, it is in fact nothing short of making a special provision of that nature. Article 311 of the constitution has, therefore, no application to this case. Jai Singh, Ex-Constable vs. State of Haryana and others, 1977(2) S.L.R. 371

21. Power under –- Can be exercised only within three years of the enrolment of Constable. Only point on behalf of the appellant is, that this case was fully covered by the decision of the Division Bench in Dwarka Das’s case (ibid), the ratio of which would be binding on this Bench. In other works, he reiterates point No. 3 conversed by him before the learned Single Judge and maintains that the issue of the certificate under rule 12.22(1) had conferred on the appellant the substantive rank of the constable vesting him with the powers, functions and privileges of a police officer. The argument proceeds that the appellant thus had a right to hold the post and his summary discharge amounts to a punishment, which could not be awarded without complying with the procedure laid down in Article 311, the Police Rules indicate that every person is enrolled in Police Force on a sort of probation for a period of three years and during this period, at any time, the Superintendent of Police can discharge him from service, if it is found that he is “unlikely to prove an efficient Police Officer”. This is provided in rule 12.21.

A plain reading of rule 12.22(1) and the prescribed form shows that this certificate is issued at the time of enrolment and not as proof by his having satisfactorily completed the three years’ period of ‘probation’. Indeed, in the instant case, this enrolment, viz November 17, 1966. Of course, three are some observations in Dwarka Das’s case (ibid) that such a certificate in the prescribed Form under rule 12.22(1) is to be issued only after the satisfactory completion of the three years’ probation by a recruit and that a Constable who has obtained such a certificate cannot be dealt with under rule 12.21. These observations as rightly pointed out by the learned Single Judge, “having to be taken in the context of that case and in my opinion, cannot be applied to the case of a constable who is discharged from service before the expiry of the three years by the Superintendent of Police under the power vested in him by rule 12.21”. The distinguishing feature of Dwarka Das’s case, was the constable’s services were terminated as no longer required after he had satisfactory completed three year’s service from the date of his recruitment. In other works, the power under Rule 12.21 can be exercised only within three years of the enrolment of Constable and no thereafter. Since that period of three years had expired, Dwarka Das Could not be validly dischargedunder rule 12.22(1). Karan Singh vs. The State of Punjab and others, 1972 S.L.R. 624

22. Probationer – Removal from service – Juniors retained – Validity. There is not even a word either on the record or otherwise to show that the enquiry with respect to the alleged misconduct was to find out the suitability to retain in service. It is obvious that the enquiry was with and intention to punish the delinquent plaintiff as well as Jasbir Kaur. In order to find out whether an apparently nocuous order is in substance by way of punishment, one has to look on the facts which preceded and succeeded. In order to do substantial justice, the Court can go behind an ostensibly innocuous order to find out the real nature of the order by removing veil. Undoubtedly, the impugned order by which the plaintiff who was a probationer and, has been removed does affect her reputation as a female member of society as well as her future chances of service. Had an opportunity been given to her, she would have shown that the alleged misconduct attributed to her in no way affected her being an efficient police officer to be retained in police service. At any rate the discharge of the plaintiff from service is totally discriminatory as the alleged misconduct similarly attributed to Jasbir Kaur was no found to be sufficient to hold that she will not prove to be an efficient police officer. Punjab State and another vs. Smt. Kamlesh Kumari, 1988(1) S.L.R. 614

23. Temporary employee – Discharge of on the ground that he having been found unlikely to prove an efficient Police Officer. The impugned order of discharge from service was no made in accordance with Rule 12.21 of the Punjab Police Rules. 1934 and in accordance with the terms and conditions of the letter of appointment but it was made by way of punishment. The Commandant – respondent No.2, vide his dated 29.9.1987 had asked the petitioner to resume duty otherwise departmental action would be taken against him. In the background of these facts and circumstances it is clear that the impugned order of discharge from service was made on the ground of his misconduct i.e. absence from duty and it is penal in nature. In the case of Rajinder Kaur vs. Punjab State and another, 1986(3) SLR 78, replying upon the decisions in the cases of Shamsher Singh and another vs. State of Punjab, 1975(1) SCR 814 and Anoop Jaiswal vs. Government of India and another, 1984(2) SCR 453, the Supreme Court held that the impugned order of discharged though couched in innocuous terms, was merely a camouflage for an order of dismissal from service on the ground of misconduct. That order was made without serving the appellant any charge-sheet, without asking for any explanation from her and without giving any opportunity to show cause against the purported order of dismissal from service and without giving any opportunity to cross-examine the witnesses examined, that is, in other words in total contravention of the provisions of Article 311(2) of the Constitution. Rajender Singh vs. State of Haryana and another, 1989(2) S.L.R. 79 = 1991(1) RSJ 761

24. Termination of services of temporary lady constable. The impugned order of discharge though couched in innocuous terms, is merely a camouflage for an order of dismissal from service on the ground of misconduct. This order has been made without serving the appellant any charge-sheet, without asking for any explanation from her and without giving any opportunity to show cause against the purported order of dismissal from service and without giving any opportunity to cross-examine the witnesses examined, that is, in other words the order has been made in total contravention of the provision of Article 311(2) of the Constitution. The impugned order is, therefore, liable to be quashed and set aside. A writ of certiorari be issued on the respondents to quash and set aside the impugned order dated 9.9.1980 of her dismissal from service. A writ in the nature of mandamus and appropriate directions be issued to allow the appellant to be reinstated in the post from which she has been discharged. The appeal is thus allowed with costs. The authorities concerned will pay all her emoluments to which she is entitled to in accordance with the extent rules as early as possible in any case not later than eight weeks from the date of this judgment. Rajindar Kaur vs. Punjab State and anr. 1986(3) S.L.R. 13.

25. Termination – put in six years of services as constable and obtained certificate under Rule 12.22. The petitioner having been recruited as a Constable on May 11, 1967, his service could be terminated by the Superintendent of Police under rule 12.21 till May 10, 1970. The Superintendent of Police could not invoke his authority under rule 12.21 of the Rules after the expiry of three years with effect from May 11, 1967. The impugned order Annexure P.1 having been passed on July 16, 1973, is violative of Article 311 of the Constitution read with rule 12.21 of the Rules.

It is clear that the impugned order Annexure P.1 having been passed after expiry of three years of the enrolment of the petitioner as a constable cannot be sustained. The instructions dated December 11, 1963, issued by the deputy Legal Remembrancer and referred to in the written statement of the Superintendent of Police, Hoshiapur, are hardly relevant to the point under consideration. In the first place these instructions do not lay down that the service of a police constable who has put in more than three years can be terminated under rule 12.21 of the Rules by giving him tow months’ notice. And secondly any such instruction, if so issued, shall have to be ignored being illegal. Curdev Singh, Constable vs. State of Punjab and others, 1982(2) S.L.R. 365.

12.22. Certificate of appointments. – (1) Every enrolled police officer shall be given a certificate of appointment in the form prescribed by the Police Act (Form 12.22 (1)) and shall sign a receipt therefor in his character roll. Such certificate shall be signed by the gazetted officer empowered to make the appointment.

(2) Such certificate shall be in abeyance during periods of suspension and shall be surrendered on leaving the service.

SYNOPSIS

1. Appointment of the post of DIG. The Additional Supdt. of Police who initiated the disciplinary proceedings against the petitioner, has not been mentioned under Section 7 of the Police Act, 1861 as one of the authorities competent to do so. The service record of the petitioner also contained entries indicating that the verification of the service of the petitioner from 18.7.1949 to 31.12.1961 was made “ for Senior Supdt. of Police, Delhi”. The service roll of the petitioner indicates that the appointing authority of the petitioner was the Senior Supdt. of Police. Lakhi Ram vs. Union of India and others, 1989(7) S.L.R. 365.

12.23. Trackers. – (1) In districts where tracking by indigenous methods is an established custom, professional trackers may be appointed to the police by Superintendents either as constables or head constables according to their qualifications and up to the age of 35 years.

(2) The physical standards prescribed in rule 12.15 shall not be obligatory in the case of trackers, but rules 12.16 and 12.18 shall apply to them. Trackers, who prove unsatisfactory in respect of character and skill, may be discharged at any time. Men enlisted as trackers shall not be promoted or transferred for general police duties, unless they are thoroughly qualified for such duties.

(3) The number of professional trackers to be enrolled in any district, and the number of such appointments which may be made in the rank of head constable, shall be fixed by the Deputy Inspector-General from time to time, in accordance with the requirements of the criminal situation and the interests of interests of the service. Professional trackers should ordinarily be employed entirely as such and should not be trained in drill, musketry or the general duties of a police officer. Men so enrolled and employed shall be issued with an appointment certificate (rule 12.22), but shall receive only a partial issue of uniform and equipment, comprising warm clothing and such articles of the full kit as are necessary for their duties.

(4) When considered advisable one or more trackers may be enlisted in sanctioned additional police appointments.

(5) The indigenous system of tracking is based on hereditary lore and custom; and utility of a tracker skilled in that system is, therefore, limited in the main to the area in the neighbourhood of his home, or to areas of similar physical characteristics inhabited by people of similar habits and customs. For these reasons it is useless to import to an area where local trackers are unobtainable a tracker from a distant and dissimilar area. In cases where a professional tracker is both willing to serve away from his home, and is proved by practical tests to be capable of exercising his skill successfully under the conditions in which it is desired to employ him, he may, with the sanction of the Deputy Inspector-General, be enrolled.

12.24. Enlistment of ex-soldiers, reservists and ex-police officer. – (1) Re-enrolment in the rank of constable is permitted and past service will count for pension under the following conditions and subject to the further conditions as to pensions contained in rule 9.2 and 9.29:-

(a) Ex-soldiers of the Indian Army and ex-members of police forces ( including Military Police), paid for from the general revenues of India, may be enlisted as constables on production of a discharge certificate showing their previous service to have been “good” or of higher classification, and if they fulfil the physical and other standards required by these rules for first appointments. They must also be passed medically fit by the same standards as are applied to recruits.

(b) Age on the date of re-enrolment in the police must be below 30, but ex-Punjab police officer, and, with the special sanction of the Inspector-General n each case, ex-soldiers and ex-members of other police forces may be re-enlisted up to the age of 55, if they present themselves for re-enrolment and are found medically fit within two years of [voluntarily taking For Punjab only] their discharge.

(c) The break of service between the date of enrolment in the police and the date of discharge from previous army employed shall nto exceed two years, and there must not have been more than tow breaks of service in all.

(d) No claim to count previous service for pension shall be allowed unless the previous service claimed was declared and verified at the time of enrolment in the police.

(e) Service in body of additional police shall be counted for increments in the case of a constable transferred to the regular force immediately on such transfer.

(2) No class A Army reservist or member of Indian Territorial Force may be enrolled in the police until he has resigned his appointment in such force.

Cavalry and Infantry reservists of the Indian Army below the age of 30 years may be enrolled, provided that their military service records show good conduct. Such reservists shall not be required to undergo annual military training provided that it is certified that they are trained in drill and fire a musketry course each year. The certificate will be signed by the Assistant Inspector-General, Government Railway Police, Punjab, or by the Superintendent of Police of the district in which the reservist is serving.

The ordinary police musketry course is sufficient for this purpose, vide Government of India, Home Department letter No. F- 28/11/31 Police, dated the 22^nd September, 1931.

Reservists of other branches of the Indian Army may also be enlisted in the police, provided that the conditions of their reserve service and periodical training as laid down in paragraph 170 of the Regulations for the Army in India do not interfere with their police duties.

The total number of all classes of reservists should not exceed five percent of the sanctioned strength of constables in each district. They should be released from employment immediately mobilization is ordered to enable them to rejoin the colours.

(3) Claims to count service for pension shall, when the above conditions are fulfilled, be dealt with as required by rules 9,2, 9.3 and 9.29. In the case of previous military service, the condonation of breaks and admission to count for police pension require the sanction of the local Government. Such claims must therefore be for warded through Deputy Inspectors-General to the Inspector-General for obtaining such sanction.

(4) Original discharge certificates, character rolls and service books, or such of those documents as may be available, shall be submitted in support of claims under this rule.

NOTE:-- A case in which it is desired to appoint a person, with previous military or police service, to a rank of and above that of head constable, shall be decided in the light of so much as is applicable of this rule read with other rules in this chapter.

12.25. Re-enrolment of Police Pension. – (1) Under the rule orders contained in Articles 511 to 519, Civil Service Regulations, a police officer who has been discharged with a compensation or invalid gratuity or pension may be re employed in the police service up to the age of 55 subject to the following conditions.

(a) He nay either refund the gratuity or cases to draw pension, in which case he may count his former service for future pension, or he may retain his gratuity or pension in which case he cannot count his former service towards future pension.

(b) He shall be re-examined by the Civil Surgeon of the District in which he has been re-employed and certified as medically fit for service, and shall produce a discharge certificate showing that his previous service was classed as not lower then “good”.

(2) The order re-enrolling such officer shall specified state the amount of any gratuity, bonus or pension received by him on discharge, and a copy of such order shall be communicated to the Accountant-General. Directions shall also be given, if necessary, for proper deduction to be made from his pay.

SYNOPSIS

1. Judicial Set up.

COMMENTS

1. Judicial set up. Recourse to the legal proceedings can be had one police constable or more police constables collectively if their grouse is made. Certain collections are made by those aggrieved constable, to meet out the litigation expenses the same would not amount to misconduct under Rule 12.25(4) of the Rules Constable Gurmukh Singh vs. The State of Punjab and others,1992(1) RSJ 757

12.26. Inter-district transfers. – Exchange of appointment between lower subordinates in district of the same range, or between such police officers in the railway and district police, may be effected subject to the approval of the Superintendents concerned (or of the Assistant Inspector-General in cases affecting the railway police). A lower subordinate may be transferred to fill a vacancy in a district other than that in which he is serving only with the sanction of the Deputy Inspector-General of the range. In cases of transfer from and to district in different ranges, or from and to the railway police, the sanction of both Deputy Inspector-General concerned and the Assistant Inspector-General, Government Railway Police, is required.

12.27. Dismissed persons not to be enlisted. – No person who has been dismissed from any Government employ shall be enrolled in the police without the special sanction the Inspector-General.

12.28. Character rolls. – A character roll in Form 12.28 shall be prepared and maintained for each enrolled police officer. Each roll shall be paged and extra pages or papers added shall be given a page number and attached in chronological order.

12.29. Attestation of recruits and preparation of character rolls. – When the formalities required by rule 12.18 have been completed, and the recruits has served for one month and received the instruction prescribed in rule 19.18, his character roll shall be prepared in his presence. When the roll is otherwise complete the recruits shall be taken before a gazetted officer and required to sign the agreement printed as item 4 in the roll and the rolled impressions of the thumb and fingers of his left hand shall be taken in the space provided for the purpose. The gazetted officer before signing the roll shall satisfy himself that the recruit understands the purport of his agreement, and shall explain to him the purport of rule 9.7 and give him the opportunity of claiming alternation in his recorded age.

12.30 Matters to be entered in character rolls – All routine entries in character rolls shall be attested by a gazetted officer. Important entries shall ordinarily be made by the Superintendent or a gazetted officer under the orders of the Superintendent.

12.31 Points to be attended in maintaining character rolls – In compiling and maintaining character rolls the following points shall received attention :-

(i) The authority for transfer beyond the district shall be entered.

(ii) A note shall be made of the result of verification of character with a reference to the original report in the vernacular personal file.

(iii) Every entry under items 13, 14 and 15 respectively shall be given as serial number and shall be signed and dated by a gazetted officer.

(iv) Major punishments shall be entered in red ink and minor punishments in black ink.

(v) Particular care shall be taken to ensure the accuracy of entries under items 6 and 21. Inspecting officers, when checking character rolls, should verify a proportion of such entries by reference to the order book and acquittance rolls.

12.32 Records to be attached to character rolls – The following records shall

be attached to character rolls :-

(a) Health Certificate (form 10.64);

(b) Medical history sheet [form 12.32(b)];

(d) Statement of land held in case of Head constable [form 14.23(1)(a)];

(e) Record of posting [form 12.32(e)];

(f) Progress report on probationary inspectors, sub-inspectors and Assistant sub-inspectors (form 19.25);

(g) Sheet showing marking system in connection with promotion to the selection grade of constable [form 13.5(6)].

12.33 Transcribing of character rolls and extracts therefrom – Whenever it is found necessary to transcribe character and service rolls each separate page shall be attested by the full signature of the Superintendent who causes the copy to be made, or of a gazetted officer acting under his orders.

Below the last entry in a character and service roll thus copied a certificate shall be appended by the Superintendent to the effect that he has carefully compared the copy with the original and that it is correct.

Extract shall be attested by the full signature of the gazetted officer who orders them to be made.

12.34 Nature of entries to be made in character rolls – Entries of a commendatory nature in character rolls shall ordinarily be restricted to copies of commendation certificate awarded. Remarks of a general nature, favourable or adverse, regarding an officer’s character or services may appropriately find a place in confidential annual reports, recommendations for promotion and the like, and, in such form will be recorded in the personal files of upper subordinates. When a District Magistrate, Superintendent of Police or other gazetted police officer wishes formally to record his favourable opinion of an officer apart from the record of any specific act, such remarks should be made and presented to the officer concerned in the form of a commendation certificate Class III (rule 15.3). Copies shall not ordinarily be entered in the character roll. When a judicial officer other than a District Magistrate desires to bring to notice good work on the part of an enrolled police officer, he shall do so by means of a letter to the Superintendent of Police, who may, if he sees fit, cause a commendatory entry to be made in the character roll of the police officer concerned, giving him a copy of such entry. Such entries shall not ordinarily be made. Rule 16.8 regulates the record of censures in character rolls.

(2) The procedure specified in sub-rule (1) above is the only one authorized for the record of commendations, other than specific rewards granted under the provisions of Chapter XV. Police officers are strictly forbidden either themselves to give to their subordinates or to accord any recognition to private and unauthorized testimonials from others.

12.35 Custody of character rolls – Character and service rolls shall be kept in a locked cabinet containing a sufficient number of drawers for the purpose. The rolls of upper subordinates shall be kept in the upper drawers, and those of lower subordinates in the other drawers, according to their district constabulary numbers.

The rolls of men who have quitted the service or died shall be kept in a separate drawer for three years, after which they and the vernacular personal files (rule 12.39) relating to them shall be destroyed.

12.36 Service Books – (1) Service books in form F.R. 10 as required by Articles 73 and 74, Civil Account Code, shall be maintained for all upper subordinates and establishment appointed otherwise than under the Police Act to whole-time pensionable employment.

(2) Service books shall be kept in the office in which the pay of the person concerned is drawn. Entries in service books shall be in English and shall be properly attested by the Superintendent. When non-gazetted officers are officiating in gazetted appointments their service books shall be kept by the head of the office to which they are posted, and when they are confirmed in such appointments the books shall be sent to the Accountant-General, Punjab, for record.

(3) The service books in each office should be taken up for verification of pensionable service at a fixed time each year, say in January, by the head of the office who, after satisfying himself that the services of the Government servant concerned are correctly recorded in his service book, should record in it a certificate in the following form over his signature: -

“Service verified up to ……………… (date) from …….. (the record from which the verification is made).”

The head of the office in recording the annual certificate of verification should, in the case of any portion of service that cannot be verified from office records, distinctly state that for the excepted periods (naming them) a statement in writing by the Government servant, as well as a record of the evidence of his contemporaries, is attached to the book.

(4) When a non-gazetted officer is transferred form one office to another the head of the office under whom he was last employed, should record in the service book over his signature the result of the verification of service, with reference to pay bills and acquittance rolls, in respect of the whole period during which the officer was employed under him before forwarding the service book to the office where the services are transferred.

The above-mentioned instructions apply to clerks on the police clerical cadre and to all upper subordinates.

(5) In this connection the character rolls of lower subordinates may be considered to be service books, and before a lower subordinate is transferred his services up to the date of transfer should be verified from office records and the necessary certificate given in the character roll.

12.37 Personal files of gazetted officer – A personal files shall be maintained by the Inspector-General of each gazetted officer. This shall contain -

(a) Articles of agreement.

(b) Names and addresses of nearest relatives.

(d) Distinctions granted.

(e) Annual confidential reports.

(f) Such other papers as the local Government may order, or the Inspector-General may consider desirable, to have place on the personal file.

Officers shall inform the Inspector-General of all changes in respect of land held

by them.

12.38 English personal files of upper subordinates – (1) An English personal file with an opening sheet in Form 12.38(i) shall be maintained in the original in the office of the Inspector-General for each Inspector and Sergeant and for each Sub-Inspector, whether of the prosecuting or of the General Line, whose name is entered in list ‘F’ and in the office of the Deputy Inspector-General and the Assistant Inspector-General of the Government Railway Police for all other Sub-Inspectors and for Assistant Sub-Inspectors. Duplicate personal files of Indian Inspectors of the General Line, of Sub-Inspectors on List ‘F’ and of all Sergeants shall be kept in the offices of the Deputy Inspector-General and the Assistant Inspector-General of the Government Railway Police. These duplicate personal files will be transferred from office to office as necessitated by transfers of the officers concerned, and will continue to be maintained until the officers are confirmed, Inspectors and ‘F’ list Sub-Inspectors in Gazetted rank, and Sergeants in the rank of Inspector. On such confirmation duplicate personal files will be destroyed by the Officer in whose custody they are at the time.

(2) In such personal files shall be recorded –

(a) the original confidential annual reports submitted by Superintendents.

(b) any remarks regarding the working and character of officers which the Inspector-General or Deputy Inspector-General may deem fit to enter.

(3) Part I of the Personal File should be prepared by Superintendents of Police

personally before submission of higher officers for signature and should not merely be a copy the officer’s original application for employment. Only such details should be entered as have been fully verified. Care should be taken that only near relations should be given under serial No.9 and the exact degree of relationship should always be shown.

(4) English personal files of upper subordinates shall be confidential records, and shall not be destroyed during the life time of the officers concerned.

(5) Personal files are confidential documents maintained by government for its own purposes. Reporting officers are entitled to assume that their remarks will be treated as confidential, i.e., they will be divulged only to Government through the correct channels and by Government, at the discretion of Government, only to the officers concerned. The giving of copies of personal files or extracts therefrom is, therefore, prohibited. It is, however, permissible for the Inspector-General or higher authority to give to officers, who have retired or are on the point of retirement, a letter in which their official record is summed up.

12.39 Vernacular personal files – A vernacular personal file (fauji misal) shall be maintained in each district office for every upper and lower subordinate serving in the district. The filed are intended for the record of original orders and papers concerning an officer’s service and conduct, and are supplementary to the character roll.

(2) Each officer’s personal file shall contain:-

(a) the lambardar’s certificate as to his character, given on enrolment.

(b) All punishment files or attested copies of orders of punishment (rule 16.24(iv)).

(d) Other papers which it is desirable to keep on record.

(3) Personal files shall be arranged according to provincial, range and district

Constabulary numbers and each file shall be paged and an index thereof kept in Form 12.39(3).

12.40 List of vacancies – The orderly head constables shall maintain a list of vacancies in form 10.86, omitting columns 14 and 16.

12.41 Long Roll – (1) A vernacular long roll in Form 12.41(1) containing the name of every enrolled police officer subordinate to he Superintendent shall be maintained in each district by the orderly head constable as a permanent record. The entries shall be made by provincial, range and constabulary numbers, and space shall be left under each number for six fresh entries.

(2) When a constable or head constable is struck off the establishment for any cause or promoted to a rank bearing a provincial or range number his constabulary number shall be given to his successor in office, whose name shall be entered immediately below the former entry.

(3) Constabulary numbers, except on occasions of promotion to a rank bearing a provincial or range number of transfer to another district, shall not be changed.

(4) In the column of remarks a note shall be made of each punishment awarded, giving the serial number and year of the entry in the punishment register.

(5) The long roll is a mot important record and should be checked by a gazetted officer at least twice a year. It is the basis for the preparation of discharge certificates (rule 14-12), is frequently required for reference in pension cases and is the only record of the service of a man who has left the force, after his character roll has ben destroyed under rule 12-35.

14-42. Zaildars or honorary police officers. – (1) With a view to enlist the assistance of persons of character and influence in rural districts, a certain number of this class shall, subject to budget provision, be appointed zaildars or honorary police officers with an annual honorarium of not less than Rs. 150 each. Such honoraria shall be drawn by Superintendent in special establishment bills in which the names of the zaildars shall be given and the sanction to appointment quoted.

(2) On a vacancy occurring in the office of a police zaildar, the District Magistrate, with the concurrence of the Superintendent, may appoint a police zaildar, subject to confirmation by the Commissioner.

(3) Each police zaildar shall be responsible for the prevention and detection of crime in the group of village which may be assigned to him as his zail or sphere of duty. He shall report verbally, or in writing, at his option, to the officer in-charge of the police station in which his zail is situated, all cognizable cases which occur within such zail. Such zaildar shall be subordinate to the officer in-charge of the police station in which his zail is situated, and they shall mutually aid one another to the best of their ability.

(4) Police zaildars shall be liable to any departmental punishment except dismissal. The District Magistrate may, with the concurrence of the Superintendent, dismiss a police zaildar; or, in the event of a difference of opinion, the matter shall be referred to the Commissioner, whose decision shall be final.

(5) When the District Magistrate considers it necessary to create a new zail be should prepare a sketch map showing the villages to be included in such zail and the position of the nearest police station, and submit it with a report, after consultation and in communication with the Superintendent, through the Commissioner, for the orders of Government, giving his reason for considering such measure desirable, and stating the name, position and character of the person he recommends for such appointment, and the amount of the annual honorarium to be given to him. Proposals for such zail shall be confined to sparsely populated tracts.

APPENDIX No. 12.1.

For the appointment and training of Deputy Superintendent of Police in the Punjab the following rules shall have effect :-

I. Deputy Superintendents shall be appointed (a) by direct recruitment form among persons not already in Government service, (b) by the promotion of Inspectors.

II. The qualifications for direct appointment shall be :-

(a) The candidate shall be, at the time of appointment, between the ages of 21

and 25.

(b) He must produce a certificate of physical fitness as prescribed in rule 10 of the Fundamental Rules read with Police Rule 12.15(1).

(d) He must have educational qualifications ordinarily not less than the degree of Bachelor of Arts of the University of the Punjab or Delhi or the Aligarh Muslim University and must produce evidence of his ability to speak and read Urdu fluently and to write the Persian character with facility.

(e) He must be a statutory native of India domiciled in the Punjab, North-West Frontier Province, Baluchistan or Delhi, or in an Indian State under the political control of His Excellency the Governor of the Pujab or the Agent to the Governor-General in Council has made a declaration under Section 96-C of the Government of India Act.

III. Applications from persons who possess the above qualifications shall be

received by the Inspector-General of police and submitted by him to the Honourable and Finance Member. If the latter so directs, the applicant shall be informed by official letter that he has been accepted as a candidate, and his name shall be entered in the register of such accepted candidates maintained by the Inspector-General of Police.

IV. Promotions from the rank of Inspector shall be made by His Excellency the Governor after considering the commendations of the Inspector-General of Police.

B – Not more than 20 per cent of the vacancies which occur will be filled by direct appointment; the remainder will be filled by the promotion of inspectors.

VI. All direct appointments will be made by the Local Government after considering the recommendations of a Selection Board consisting of :-

A Financial Commissioner, Punjab.

The Inspector-General of Police.

The Commissioner, Lahore.

VII. The Selection Board shall require evidence from candidates for direct appointment of good moral character, physical activity and ability to ride, and shall submit them to such tests as they may think desirable, in order to judge their suitability for appointment, and to check the qualifications specified in paragraph II. In the case of candidates for direct appointments whose fathers are or have been Government servants, the Selection Board shall state the fact in making its report to Government.

VII. All appointments shall be on probation for two years, provided that, in the case of officers promoted from the rank of Inspector, the Local Government may, by special order in each case, permit periods of officiating service in a past in the Provincial Police Service to count towards the period of probation.

VIII. Directly appointed probationary Deputy Superintendents of Police will be required to undergo the course of training at the Police Training School prescribed form time to time for probationary Assistant Superintendent of Police and to pass the examinations, other than language examinations, prescribed for such officers. Such probationers may also be required to pass in Punjabi by the tests prescribed for offices of the Privincial Civil Service. On conclusion of their period of training at the Police Training School probations will be attached to a district for a further period of training of one year.

XI. The services of a directly appointed probationary Deputy Superintendent of Police may be dispensed with by order of the Local Government, either on his failing to pass the final examinations at the end of his period of training at the Police Training School, or on failing to pass his examination in Punjabi within two years of appointment, or on his being reported on, during or on conclusion of his period of probation, as unfit for his appointment; provided that the Local Government may, if it sees fit extend the period of probation by not more than one year.

X. The Principal of the Police Training School shall submit to the Inspector-General reports on the work and character of probationary Deputy Superintendents of Police is the same form and at the same intervals as may be prescribed for probationary Assistant Superintendents of Police. Deputy Inspectors-General shall submit similar reports regarding each directly appointed probationary Deputy Superintendents of Police undergoing training in districts of their ranges six months after the appointment to a district, and on conclusion of a year’s district training in each case.

XI. The Inspector-General of Police may require any probationary Deputy Superintendent of Police promoted from the rank of Inspector to undergo a special course of training and to pass the prescribed examinations in any subject or subjects, including an obligatory language, in which his qualifications may be defective. Deputy Inspector-General shall submit to the Inspector-General at intervals of six months throughout their period of probation reports on the work, character and suitability for gazetted rank of each such probationer appointed by promotion, who may be serving in a district of their range. Any such probationer failing to pass any examination prescribed for him, or being unfavourably reported on in two interim reports or in his final report, shall be reverted to his substantive rank of Inspector.

XII. Probationary Deputy Superintendents of Police of either class, on passing the examination prescribed for them and on being favourably reported on at the conclusion of their probationary period, shall be confirmed by the order of the Local Government.

XIV. Directly appointed probationary Deputy Superintendents of Police shall on first appointment receive pay at the lowest rate of the Provincial Police Service time scale, and shall receive increments of the terms authorized, as described in Appendix 10.63, Table A of Police Rules. The pay of probationers appointed by promotion will be fixed on the system described in the same rule for inspectors promoted to the Provincial Police Service. Officiating service and probationary service shall count for increment in the time scale.

APPENDIX 12.3-A

The following rules shall have effect for the appointment, training and promotion of Urdu stenographers:-

Direct appointments of Urdu Stenographers – 1. Urdu Stenographers are appointed by the Deputy Inspector-General of Police, Criminal Investigation Department, Punjab, in the rank of Assistant Sub-Inspector, on consideration of the recommendations of a selection board, to fill vacancies occurring in the districts of the Punjab and the Criminal Investigation Department. He will satisfy himself that they fulfil the qualifications laid down for direct appointment as Assistant Sub-Inspector to ensure that they are of the type likely to make good executive officers as well as to become good reporters of public meeting.

Training of Urdu Stenographers – 2. (1) On enlistment, Urdu Stenographers will be deputed to the Police Training School to under go the course of training laid down for directly appointed Assistant Sub-Inspectors in the Police Training School Manual and are liable to discharge if they fail to pass the prescribed examinations or are badly reported on. The Principal, Police Training School, will, however, ensure that arrangements are made for them to maintaining full proficiency in stenography during the period of training.

(2) During vacations at the Police Training School, they will be attached to rural Police Stations to do as much practical training as possible on the lines of Course ‘D’ prescribed in Police Rule 19.25.

NOTE – Urdu Stenographers, in service on the 1^st December, 1944, who are likely to make good executive officers will be admitted to the intermediate class if they are below the age of 40 years at the time of their admission. Their further promotion, or if officiating in a higher rank their retention that rank, will depend on their passing the course.

Promotion to the rank of Sub-Inspector – 3. They will be eligible for promotion to the rank of Sub-Inspector (Urdu Stenographer) after 3 years’ service.

Transfer to the executive line – 4 (1) Urdu Stenographers who pass the intermediate course and who show promise of making outstandingly good executive offices may be selected, with the approval of the Inspector-General for the upper school course at Phillaur, 5 years (or, in exceptional cases 3 years) after passing the intermediate course.

After passing the course they may be considered for absorption in the permanent executive cadre of the special branch.

(2) They shall, however, be attached to a district for six months’ practical training in a police station before admission to the school course.

Control – 5 The Deputy Inspector-General of Police, Criminal Investigation Department, Punjab, will exercise disciplinary control over Urdu Stenographers.

General – 6 (1) All Urdu stenographers will be borne on the strength of the Criminal Investigation Department, Punjab, and will draw Criminal Investigation Department allowances admissible to officers of their rank. In all matters they will be governed by the general provisions of the Police Rules unless otherwise provided in the above rules.

(2) The Deputy Inspector-General of Police, Criminal Investigation Department, Punjab, will institute measures to ensure that Urdu Stenographers maintain full proficiency.

APPENDIX No. 12.16

Points to be observed by Medical Officers in examining Police recruits. – Medical Officers will satisfy themselves regarding each candidate on the following points in the order given. If a disqualifying defect is notice, the recruit register (form No.12.13) will be completed and the recruit rejected without further examination: -

(a) that the vision is up to the following standard: -

The recruit must be able to read the Test Dot Card at a distance of ten feet without any mistake, with each eye without spectacles. Failure to do this renders him unfit. Each eye must have a full field of vision as tested by hand movements. Squint or any other morbid condition of the eyes or eye-lids liable to the risk of aggravation or recurrence will render him unfit.

For those who can read English the test should be the Snellen’s type and the standard - -

Right eye …. V = % JI } without glasses

Left eye …. V = % JI }

For illiterates the split ring test as used in the North-Western Railway should be employed. This corresponds to the Snellen’s type.

NOTE - - In examination the recruit by means of the “Test Dot Card” the following directions should be observed: -

(i) Place the recruit with his back to the light and hold the test card perfectly

upright in front of him at a measured distance of exactly10 feet. The light should fall fully on the card.

(ii) Examine each eye separately. The eye not under trial should be shaded by the hand of an Assistant, who will take care not to press on the eye ball.

(iii) Expose some of the “dots”, not more than 5 or 6 at a time, and desire the recruit to name their number and positions, vary the group frequently to provide against deception.

(iv) The “Test Dot Card” must be kept perfectly clean.

(b) that the height and chest measurements are up to the standard prescribed in rule 12.15(1);

(c) that neither speech nor hearing is defective. As regards hearing no recruit will be enlisted who suffers from deafness, aural discharge, earache, tinnitus or vertigo or who is found on examination to have dermatitis, aterisa or exostosis of the meatus, perforation of the tympanic membrane or who has had a radical mastoid peration;

(d) that the recruit appears healthy, strong ad active;

(e) that he is sufficiently intelligent;

(f) that there is no malformation, deficiency or defect of any essential part

(g) that there is perfect motion in every joint and good physical development power;

(h) that the recruit is free from diseases of he nervous, circulator, respiratory, digestive, cutaneous, lymphatic, generative or excretory system. Special care should be given to tracing he presence of contagious or infectious disorders, rupture, strictures, dysentery, hepatic or severe malarial disease;

(i) that here is no evidence of fits, old injuries to the head, or of a personal or family medical history which would be likely to render him unfit;

(j) that the recruit’s declared age, as compared with appearance, physical equivalents or other evidence is correct. In case of doubt the Medical Officer will record the apparent age which will be accepted for official purposes.

NOTE - - The points noted in (b), (d), (e) and (j) will be decided by the Superintendent, when recruits are selected by him: -

The recruit must strip for examination, due regard being paid to privacy and decency. A lion covering may be permitted. Every part of the body must be examined, and if a recruit will not submit to this after persuasion by caste friends, he must be rejected.

(k) the Medical Officer will reject a recruit for any disease or defect which would be likely to render him unfit for the duties of the particular branch of he service in which he is desirous of being enrolled.

NOTE - - The following points should not be overlooked: -

(1) Glandular swellings and enlarged thyroid.

(2) Prominence of eyes, squint. Long-standing trachoma, nebulae or leucomata, pannus.

(3) Polypus of nose, perforated palate, tonsils, adenoids.

(4) Insufficient sound teeth for efficient mastication, severe pyorrhoea.

(5) Loss or defermity of fingers, flat feet, hammer toes with painful corns or burase on the dorsumof toes, Hallux Valgus, Hallux rigidus, knockknee, deformity of chest and joints, abnormal curvature of the spine.

(6) Inveterate cutaneous disease, fistulae, condylomata, haemorrhoids prolapsus ani, varix or varicocele, undescended testicle, tachycarida.

(7) Recent marks of vaccination, and two indentification marks should be noted.

With discharged soldiers for enlistment in the Police Force - -

(1) The urine of recruits over 30 years of age should be examined.

(2) The head should be examined for blows or cuts, and the recruit questioned if he is subject to fits of any kind.

(3) The body should be examined for scars of war wounds.

FORM No 12.6

ROLL OF A CANDIDATE FOR POST OF OF POLICE

Items 1 to 4, 7 and 10 to 13 to be filled up in the candidate’s own handwriting. Items 5,6,8,9,14 and 15 to be filled up by a gazetted police officer after such enquiry as may be practicable. Item 16 to be filled up by the Superintendent of Police personally after interviewing the application.

1.Name of Applicant

2. Religion and Caste or Tribe

3. Residence Police Station

Village

District

4. Present Address

5. Date of birth

6. Height and chest measurement

7.Where educated, with name of school or schools and statement of educational qualification, mentioning any Examination passed. (Attested copies of any certificate obtained should be attached in candidate’s own handwriting).

8. Does the candidate possess any athletic qualification ? Did he belong to his school Cricket Eleven or Football or Hockey Team? Is he is active habits? Can be ride?

9. Any other qualifications?

10. To whom does the candidate desire that reference should be made regarding his character, habits, knowledge of riding, etc.?

11. Name and degree of relationship of , and appointments held by relatives in Government or other employ

12. Father’s name and profession

13.Home of family

14. Full particulars of family, including a brief statement of claims, if any

15. Whether at any applicant has been pronounced unfit for Government employment by the Medical Board at the India office or any other duly constituted medical authority

Signature

Date

16. Remarks and opinion of Superintendent of Police

Date Superintendent of Police

The 19 .

		FORM No 12.7 REGISTER OF ACCEPTED CANDIDATE FOR DIRECT APPOINTMENT AS ASSISTANT SUB-INSPECTOR
1	2	3	4	5	6	7	8
Serial No.	Name	Father’s name	Age and date of birth	HEIGHT AND CHEST MEASUREMRNT	Residence	Educational Qualification	REMARKS

POLICE DEPARTMENT FROM NO 12.13. _______________DISTRICT

RECRUIT REGISTER

5 6 7

RESIDENCE

HEIGHT

Serial No.

Date of measurement

Name of recruit

Parent age

Village

Police station

District

Religion of cast

Age

Feet/Inches

Chest measurment in inches

Intials of Gazetted Police Officer

Opinion of Mnedical offficer

If enrolled/date

ConstablebNo.

Names and degree of relationship of, and appointments held by, relatives who are or were Government employees:

Name and relation

Rank

Department

Place

REMARKS

I do hereby declare the following as may assignees or nominees:-

( Name and full address of assignees.)-------------------------------

I hereby declare that the entries made above are true to the best of my knowledge

Signature or Thumb-impression.

From

The Superintendent of Police,

_______________District.

The Superintendent of Police,

______________District

The form may please be sent to the Sub-Inspector of _______Police Station for favour of necessary entries being made therein.

Superintendent of Police

Full Signature and statement of persons verifying the character

Report of Lambardars in connection with the person’s conviction ( if any) and verification of nationality

Report of officer incharge Police Station regarding previous conviction character and punishment ( if any), verification of nationality etc.

Form no 12-22(1)

CERFICATE OF APPOINTMENT

POLICE DEPARTMENT. ______________DISTRICT OR RANG

CONSTABULARY NO. ___________________________has been appointed a member of the Police Force, under Act V of 1861, and is vested with the powers, functions and privileges of a police officer.

Appointment on the ________________} Superintendent of Police,

___________________________19 } or Deputy Inspector-General of Police

(Standard Form)

FORM NO. 12.28

POLICE DEPARTMENT _______________DISTRICT

CHARACTER AND SERVICE ROLL

NO.

Character and Service Roll of ________________________

CONTENTS

1-5. General particulars

5. Appointments, promotions, reductions, discharges, & c.

6. Transfer beyond the district

7. Relatives in Government employ

8. Particulars of heirs

9. Educational qualification

10. Professional attainments

11. Medals and decorations

12. Miscellaneous particulars

13. Commendatory entries

14. Censures and punishments

15. Health certificate

16. Record of postings of inspectors, sub-inspectors and assistant sub-inspectors

17. Statement of land held by Head Constable [rule 14.23 (1)]

18. Progress report of probationary inspectors, sub-inspectors and assistant sub-inspectors

19. Medical History sheet

20. Leave account of constables and head constables

21. Marking sheet in connection with promotion to the selection grade of constables

FORM NO. 12.28.---cont.

CHARACTER AND SERVICE ROLL OF __________________

CONSTANULARY NUMBER ___________IN_______________DISTRICT

Name

Father’s name

Tribe or cast

Village or town

Post and Tlegraph office

Police Station

District

Province

Dateof birth

Height

Chest measurement

Date of enrolment

Age on enrolment

Distinctive marks

2. Verification roll no. ____________dated, __________received back and attached to the Fuji misal.

3. Government service prior to present employment, which is approved, for pension.

				PERIOD
Service or department	Rank or grade	Pay of last appointment	From	To	Y.	M.	D.

Cause of and character on the discharge form above service		Reference to order approving above service for pension in Police Department

FORM NO. 12.28---contd.

4. Agreement—1 understand that I have been appointed under Section 7 of the Police Act (V of 1861), and the purport of that section and the provisions of the Act and of the rules issued under it and now in force, by which my discipline and conduct are governed, have been explained to me. I agree to service faithfully under the provisions of the said Police Act and to obey all lawful orders issued to me by my superior officers, and I undertake not to resign my appointment within three years from the date of my enrolment. I have received a certificate of appointment issued under Section 8 of the Police Act (V of 1861).

Date______________ Signature

5. Rolled impressions of fingers and thumb of left hand.

Left little

Left ring

Left middle

Left index

Left thumb

CHARACTER ROLL OF _________________

6. Appointed, promoted suspended reduced, discharged dismissal resigned or died

To what grade and pay appointed, promoted or reduced

Date

Number of district order

Full Signature of Superintendent of Police

FORM No. 12.28.—Contd.

6. Transfers beyond the district.

1	2	3	4
Date	From	To	Authority for transfer

7. Names of relatives in Government service.

1	2	3	4
Name	Relationship	Nature of employ	District

8. Names, residence and other particulars of heirs.

Wife.

Father

Mother.

Sister

NOTE.-- Underline in red ink the heir nominated (with not more than two alternatives and fill in name & particulars necessary to trace.

FORM No. 12.28 – Concld

CHARACTER ROLL OF ___ __________

10. Educational qualifications. Knowledge of languages.

Uneducated English

Slightly educated. Persian

Matriculation. Punjabi.

Degree. Pushtu.

NOTE.__ Underline the qualifications possessed, add particulars where necessary and give date of entry.

11. Professional attainments. Special qualifications.

Passed Training School Upper Class Clerical duties.

“ Intermediate Class Accountant’s duties.

“ Lower Class. Orderly Head Constable’s duties.

“ Finger Print Course. Moharrir’s duties.

“ Drill Instructor’s Course. Detective duties.

Traffic duties.

“ Prosecuting Inspectors’

“ Examination.

Underline courses passed and qualifications possessed.

Miscellaneous particulars.

12. War Medals and Decorations.—

(NOTE.—Enter designation of award and date only—Gazette notification in case of King’s Police Medal and the Indian Police Medal. Other special decorations to be entered in full under commendatory entries).

13. Miscellaneous particulars, including awards other than those accompanied by commendations certificates admission to or removal from promotion lists, etc.

14. Commendatory entries.

15. Censures and Punishments.

16. Medical Certificate of appointment and health. (See form No. 10.64).

17. Record of postings.

18. Statement of land held by Head Constable only [Rule No. 14.23 (1) ].

19. Progress report on probationary assistant sub-inspector, sub-inspector or inspector of police. [See Form No. 19.25(5) ].

20. Medical History Sheet. [Sheet Form No. 12.32(b)].

21. Leave Account. (See F.R. Form No. 9-A. O.S. 113-A in Appendix B to Fundamental Rules).

22. Marking sheet in connection with promotion to the selection grade of constable. [See Form No. 13.5(6) ].

FORM No. 12.32 (b)

POLICE DEPARTMENT. ______________ DISTRICT

MEDICAL HISTORY SHEET

Of ________________________________

No. _______________ in ______________District.

No. ________________in ______________District.

No. _______________in ______________District.

Name and dates of inoculation, vaccination Signature of Medical Officer.

And re-vacination.

1._______________________________________________________

2._______________________________________________________

3._______________________________________________________

1	2		3
	DATE OF
Disease	Admission	Dischage 1^st and subsequent admissions	Remarks of Medical Officer, (Recommendation for leave on medical certificate, report of malingering and the like)

FORM No. 12.32 (b)

POLICE DEPARTMENT. ______________ DISTRICT

RECORD OF POSTINGS.

HISTORY OF SERVICES OF INSPECTORS, SUB-INSPECTORS AND

ASSISTANT SUB-INSPECTORS.

Serial No	Rank and grade	Date	Order Book No	Name of duty on which employed	Place	REMARKS

FROM No. 12.38 (1).

Personal File.

Of ________________________________of Police

PART 1.

1. NAME AND Provincial No.

2. Father’s name and profession

3. Religion and Caste_________________________________________

4. Residence } Village_________________________________________

} Police Station___________________________________

} District________________________________________

5. Date of birth_______________________________________________

6. Height and chest measurement ________________________________

7. Where educated, with name of school or schools, statement of educational qualifications and examinations passed_________________________________________________________

8. Any other qualifications? Did the officer belong to his School Cricket Eleven or Football or Hockey Team?___________________________________________

9. Names and degree of relationship of, and appointment held by, relatives in Government or other employ_____________________________________________

10. Home of family___________________________________________

11. Full particulars of family, including a brief statement of spe;cial services rendered to Government , if any_________________________________________

Deputy Inspector-General of Police,

____________________ Range.

Dated ________________ 19

FORM No. 12.38 (1) – concluded.

POLICE DEPARTMENT ____________ Range.

ROLL OF

Appointed, promoted, reduced, discharged or dismissed

To what grade and rate of pay

Date

Signature of Deputy Inspector-General

TRANSFERS.

Date

From

Authority for transfer

FORM No. 12.39 (3)

POLICE DEPARTMENT __________________DISTRICT.

INDEX TO FAUJI MISALS.

INDEX TO FAUJI MISAL OF_____________________________

RANK___________________ No.____________________________

Abstract of papers attached

Date of order

REMARKS

( In Vernacular ).

FORM No. 12.41 (1)

POLICE DEPARTMENT ______________ DISTRICT

LONG ROLL OF THE POLICE FORCE OF THE ABOVE DISTRICT. (HALF SHEET OF INDIAN PAPER).

1	2	3	4	5	6	7	8	9	10	11	12
Constabular-y Numb-er	Name and Paren-t age	Date of enlistme-nt	Cast-e	Age on Enlis-tme -nt	HEIGHT (a) Feet (b) Inche -s	RESIDENCE (a)Village (b)Police Stati -on (c)District	Parti-cula -r mark-s	Deta-il of Past Serv-ice Prior To enter-ing Constabul-ary	Promotions And reduction	Date And Caus-e Of leav -ing Polic-e	Rem-arks Givi-ng Referenc-e to the seria-l No In The Punishe-ment Regi-ster of any punishen-t awar-ded

CHAPTER XIII – PROMOTIONS

13.1. Promotion from one rank to another. –(1) Promotion from one rank to another, and from one grade to another in the same rank shall be made b selection tempered by seniority. Efficiency and honesty shall be the main factors governing selection. Specific qualifications, whether in the nature of training courses passed or practical experience, shall be carefully considered in each case. When the qualifications of two officers are otherwise equal, the senior shall be promoted. This rule does not affect increments within a time-scale.

(2) Under the present constitution of the police force no lower subordinate will ordinarily be entrusted with the independent conduct of investigations or the independent charge of a police station or similar unit. It is necessary, therefore, that well-educated constables, having the attributes necessary for bearing the responsibilities of upper subordinate rank, should receive accelerated promotion so as to reach that rank as soon as they have passed the courses prescribed for, and been tested and given practical training in, the ranks of constable and head constable.

(3) For the purposes of regulating promotion amongst enrolled police officers six promotion lists – A, B, C, D, E and F will be maintained.

List A, B, C and D shall be maintained in each district as prescribed in rules 13.6, 13.7, 13.8 and 13.9 and will regulate promotion to the selection grade of constable and to the ranks of head constables and Assistant Sub-Inspector. List E shall be maintained in the office of Deputy Inspectors-General as prescribed in sub-rule 13.10(1) and will regulate promotion to the rank of Sub-Inspector. List F shall be maintained in the office of the Inspector-General as prescribed in sub-rule 13.15(1) and will regulate promotion to the rank of Inspector.

Entry in or removal from A, B, C, D or E lists shall be recorded in the order book and in the character roll of the police officer concerned. These lists are nominal rolls of those officers whose admission to them has been authorized. No actual selection shall be made without careful examination of character rolls.

(Proviso for Punjab added vide Notification No. G.S.R. 86 dated 19.10.1972)

“Provided that five percent for such promotions may be made from amongst the members of the Police Force, who achieve outstanding distinction in sports field at All India level or International level if they are otherwise eligible for promotion but for seniority.”

SYNOPSIS

1. Automatic confirmation—Appointment against permanent post.

2. Confirmation.

3. Efficiency and Honesty.

4. Eligibility for Promotion.

5. Holding of departmental examinations for promotion.

6. Intermediate School Course.

7. Objective test for the assessment of the efficiency of the candidates.

8. Officiation and Substantive promotion.

9. Probation period—Reversion.

10. Promotion—Criteria for.

11. Promotion from one rank to another and from one grade to another.

12. Promotion on list ‘D’—No test prescribed under Rules.

13. Promotion—Record shaddy.

14. Promotion—To the posts of Assistant Sub-Inspectors—Passing of carrier wave course.

15. Removal of name of a police officer from list E or list D.

16. Requirement of the test laid down by the circular.

17. Reversion for failure to Intermediate School Course.

18. Right to be deputed for Intermediate School Course.

19. Rules are statutory in character.

20. Seniority on the basis of dates of confirmation maintained at District level.

21. Substantive promotion or the confirmation in a permanent poe.

COMMENTS

1. Automatic confirmation—Appointment against permanent post. It is obvious that the maximum period of probationis two years. During this period either a person is found fit for confirmation for he is to be reverted. It soes not lie in the mouth of the State that the petitioner was not fit for confirmation because in that case it was the duty of the State to revert him. The rule makes it imperative that the period of probation could bot be extended beyond two years under any circumstance. Shri-Hari Nand vs. State of Himachal Pradesh and others, 1981(2) S.L.R. 727

2. Confirmation. Rule 13.9(2) relates to promotion as an Assistant Sub-Inspector. It is specifically provided in the rule that substantive promotion the rank of Assistant Sub-Inspector shall be made by the Deputy Inspector-General in accordance with the principles prescribed in rule 13.1. It is not dispute that the petioner passed the Intermediate School Course in September, 1963 whereas respondent Nos. 3 and 6 passed the said course in March, 1964 and March, 1965, respectively, respondent No. 4 was a direct recruit. responsent No. 7, however, passed that course in March, 1962. It has not been provided in any rule that in case an Assistant Sub-Inspector has been brought on list ‘E’ prior to his seniors he should be confirmed as Assistant Sub-Inspector prior to the letter. It may also be relevant to point out at theis stage that the petitioner had also passed the Upper School Course prior to the confirmation of respondent Nos. 3, 4, 6 and 7 as Assistant Sub-Inspector and that the were junior to him. Therefore, the petitioner was entitled to be considered for conformation as Assistant Sub-Inspector when the above said respondents were confirmed. Balkrishan vs. State of Punjab and others, 1982(1) S.L.R. 367

3. Efficiency and Honesty. The basis rule laid down in Rule 13.1(1) is that the sub-stantive promotion or the confirmation in a permanent post was to be made “by selection tempered by Seniority. Efficiency ad Honesty shall be the main factors governing selection.”

Rule 13.1(1) implies that the efficiency is to judged by the confirming authority and leaves the confirming authority free to judge it in a suitable manner. The test is a just and fair method of judging the efficiency. The power to prescribed the test is, therefore, implied in the power to judge the efficiency. It is now well established that executive instructions such as the circular prescribing the test can supplement statutory rules particularly when the power to issue such an executive instruction is implied in the power given by the statutory rules. 1972 P.L.R. (D) 35

4. Eligibility for Promotion. Incumbent on Government to provide the qualifications to concerned employees. State of Punjab vs. Kirpal singh, AIR 1970 Punjab 395 = 1970 SLT 239 = 1970 Lab. IC 1136

5. Holding of departmental examinations for promotion. In the return filed on behalf of respondents 1 to 3, it has been stated in sub-paragraph (iv) of paragraph in reply to the allegations contained in paragraph 15 of the petition that according to departmental instructions, selection for Intermediate Course is to be made from among confirmed Head Constables who have passed Lower School Course and do not exceed 40 years in age. It was denied that certain Head Constables in the matter of selection superseded the petitioner. All those Head Constables were said to have been either on probation or were confirmed at the time of the selection for the Intermediate Training Course. Shri Parkash Chand, Assistant to the Deputy Inspector-General of Police, who has filed the affidavit on behalf of respondents 1 to 3, has stated that the petitioner appeared before him on 17^th May, 1966 and requested that he should be allowed to serve in the C.I.D. and that the would no claim his promotion. Later on, however, he was asked to put the same in writing. He submitted that his domestic affairs did not permit him to work in the District Police and it was on own his request that he was permitted to stay in the C.I.D. I have no manner of doubt that the examinations which were conducted by the Superintendent of Police are not at all contemplated or covered by Rule 13.8(2) nor can I persuade myself to accept that under Rule 13.1 the holding of the examinations by the Superintendent o Police was be the proper method for judging efficiency and honesty. There are various other ways of finding whether an officer is honest and efficiency and a good deal would depend on the actual reports of his work by his superior officers relating to efficient and honest discharge of duty. I am, therefore, satisfied that the petitioner has a genuine grievance when the result of the examinations held by the Superintendent of Police was taken into consideration while deciding whether, he should be put on probation as a Head Constable. Lakshya Vir, Head Constable vs. Punjab State, 1967 S.L.R. 706

6. Intermediate School Course. The respondents are confirmed Head Constables. The stage of undergoing the Lower School Course has long since passed. It would have been a relevant consideration at the time of confirmation. The learned counsel for the respondent have rightly contended that once the respondents have been confirmed, they will be deemed to have been exempted from passing the Lower School Course. Whether the respondents had passed the Lower School Course or not, is not relevant at the present stage. The respondents were confirmed many years back. They have not to be deputed to the Intermediate School Course in accordance with their seniority. We are in complete agreement with the conclusions of the learned Single Judge. The learned counsel for the appellants has not been able to support his contention either on principle or on precedent. State of Haryana and others vs. Phool Chand, Head Constable and others, 1985(2) L.LR. 425

7. Objective test for the assessment of the efficiency of the candidates. The authority empowered to confirm or substantively promote an officiating Sub-Inspector under Rule 13.1(1) was liable to act in a discriminatory manner if he were to judge the efficiency of the numerous persons in List ‘E’ only subjectively. It was for this reason that the circular dated 14.9.1957, Exhibit PW/3/10 laid down an objective test for the assessment of the efficiency of the candidate in List ‘E’. Such objective test was fair to all the candidates in List ‘E’ and protected them from possible discrimination or vagaries inevitable in a merely subjective test. Union of India and another vs. Shri Hans Raj, A.S.I. Police, 1969 S.L.R. 782

8. Officiation and Substantive promotion. The promotion under Ch. XIII is of two kinds viz. (a) an officiating promotion and (b) a substantive promotion. Officiating promotion is governed by the provisions of R. 13.10 and 13.12. whereas substantive promotion is governed by R.13.1. The distinction between substantive promotion and the officiating promotion is clearly made in R. 13.9(2), which deals with Lest ‘D’. But the same distinction is applicable to the provisions dealing with List ‘E’ also. Rule 13.1(1) applies to the substantive promotion of Police Officers in all the lists including List ‘E’ as is shown by the provisions of Rule 13.1(3) which specifically refers to List ‘E’ also.

9. Probation period—Reversion. The relevant Punjab Police Rules may have to be seen to ascertain whether there is scope for issuing instructions concerning the holding of the test for preparing a test for promoting a police constable driver as a head constable. Rule 13.18 prescribes that all police officers promoted in rank shall be on probation for two years; while on probation officers may be reverted without departmental proceeding and such reversion shall not be considered as reduction in rank. Makhan Singh vs. Union of India, 1977 P/LR. (D) 85

10. Promotion – Criteria for. Upper subordinates in the above rule mean Sub-Inspector and Inspectors. It is evident from the said rule that in the first instance seniority of the upper subordinates is reckoned from the date of first appointment but the final seniority is determined from the dates of confirmation. The matter which are to be taken into consideration for making promotion as already observed have been given in rule 13.1 of the Rules. The fact that an officer is brought on list ‘E’ prior to another senior officer does not make him entitled to promotion to the rank of Sub-Inspector prior to the latter. At the time of promotion the criteria laid down in rule 13.1 is to be taken into consideration. Balkrishan vs. State of Punjab and others, 1982(1) S.L.R. 367

11. Promotion from one rank to another and from one grade to another. Rule 13.1 of the Rules prescribes that promotion from one rank to another and from one grade to another in the same rank shall be made by selection tempered by seniority and that efficiency and honesty shall be main factors governing selection. Specific qualifications, whether in the nature of training courses or practical experience, shall be carefully considered in each case and when the qualification of two officers are other wise equal, the senior shall be promoted. When the petitioner was promoted as officiating Sub-Inspector of Police, it is presumed that he had been found fit for that promotion and ha was not reverted on the ground that he had become unsuitable or his efficiency and honesty had deteriorated. Respondents 2 to 14 were promoted in the rank of Head Constable, Assistant Sub-Inspector and Sub-Inspector, a number of years later than the petitioner. The possible exception of respondent 8 is that he was promoted as officiating Head Constable and conformed in that post earlier than the petitioner, but he got his promotion as Assistant Sub-Inspector of Police and Sub-Inspector of Police on December 21,1960, and September 21, 1963, respectively, whereas the petitioner was promoted as Assistant Sub-Inspector of Police on October 15, 1957 and December 13, 1960, respectively. In the case of a promotion, selection has been made on merit keeping In view seniority and, once an officer id promoted, it is to be presumed that ha was found fit for promotion. At the time of reversion, the junior most officer has to be reverted first and selection cannot be made from amongst the officiating personnel on the basis of relative merit unless it is found in the case of a senior officer that he had become unsuitable or his efficiency and honesty had deteriorated after he was given the officiating chance. I regret and honesty had deteriorated after he was given the officiating chance. I regret I cannot agree the choice the submission of the learned counsel for respondents 1 and 2 that the employer has the choice of selecting his employees. This rule does not apply to Government servants for whose service specific statutory rules have been framed. Under the statutory rules, no arbitrary powers can be presumed to exist in favour of the appointing authority or the Head of the Department. The executive power has to be exercised justly and fairly, so that all the Government servants are treated alike, which is their fundamental right guaranteed by Article 16 of the Constitution. The reversion of a senior officer, while a junior officer is retained in the officiating rank status; emoluments and further chances of promotion and is thus punitive in charter although it has not been made by way of punishment. Nevertheless, evil consequences follow and in order to avoid that the well-known principle of ‘last come first go’ has to be followed in the case of reservation. At the risk of repetition, I wish to emphasis that the appointing authority has the power to select from amongst the eligible candidate he best man available who may not be the senior most man at the time of appointment or promotion but at the time of reversion, the senior man will be reverted only if he has not been found suitable for the officiating post or after occupying that post his efficiency and honesty have deteriorated. This principle has not been followed by respondents 2 while reverting the petitioner in the present case. The order passed by him smacks of arbitrariness and favoritism. In fact, the assertion on behalf of respondent 2 in his written statement that ‘exceptions cannot be ruled out altogether on the basis of special consideration achievements ‘gives a clue how he while passing the order of reversion. Not only was relative merit not considered but other ‘consideration’ prevailed with him, which other consideration have not been explained in the written statement. The order also does not contain any reason for reverting the petitioner while retaining his juniors in service. The only reason given is for want of vacancy and for his reason the junior-most officiating Sub-Inspector should have been reverted. Harmohinder Singh, Sub-Inspector of Police vs. State of Punjab and others, 1971 (2)S.L.R 304

12.Promotion on list “D” – No test prescribed under the Rules. – Standing Order No 238 of the Inspector General of Police prescribed departmental qualifying test for drawing up promotion list “D” (women police) is in total conflict with the procedure prescribed for maintenance of promotion list “D” by rule 13.9 of ht Punjab Police Rules. The object of standing order No 238 of the Inspector General of Police was to prescribe altogether a different method for drawing promotion list “D” (women police) and the method adopted was contrary to and in conflict with the provisions of rule 13.9 of Punjab Police Rules. The standing order did not have effect of merely supplementing the provisions rule 13.9. A method contradictory to the one prescribed in rule 13.9 was provided by the standing order for list “D” (women police). Smt. Kailash Wati Bajaj vs. Union of India and other. 1973(1) S.L.R. 249

13.Promotion—Record shaddy. – It is obvious promotion has to be selection tempered by seniority, and efficiency as well as honesty are the main consideration for it. The appellant claims that he should have been promoted before respondents Malkiat Singh, Yudnvir Singh was character rolls of the appellant which were duly conveyed to him. Now Malkiat Singh was conformed in August, 1963, long before the appellant was confirmed. He was thus senior to the appellant. As regards the other respondents, there is nothing to show that their record was no better than the appellant. Persons with better record were entitled to be selected. It may be noticed that appellant has been reported to be a habitual drunkard and having misconducted himself on a number of occasions even after his promotion as Police Prosecutor. Bani Ram Sharma vs. State of Himachal Pardesh and others, 1982 (1)S.L.R 378

14.Promotion—To the posts of Assistant Sub-Inspectors—Passing of certificate wave . – A perusal of Rule 13.1(1) reproduced above would go to show that promotion from one rank to another, inclusive of from the post of Head Constable to that of Assistant Sub-Inspector bad to be made by selection tempered by seniority. The emphasis is upon selection. It is true that the selection is tempered with seniority but all that it means is that in the process of selection, seniority would also play its due role. If seniority alone was the criteria there was no need to mention selection in the Rule. Seniority alone is not the sole determining factor is also made out from the kast three lines of the Rule which go to show that when qualification of two officers are otherwise equal, the senior shall be promoted. It necessarily follows that when junior ha better qualifications, he can score over his senior correct reading of Rule 13.1(1) of Punjab Police Rule, in my opinion, cannot be interpreted to say that whatever by the circumstances, whatever be the qualifications of Head Constable and whatever be their merit, only senior Head Constable who have passed the qualifying course first have to be promoted before the one who have done the said course later. It is the positive case of the respondents that a test was conducted. Whereas respondents No 4 to 31 has qualified the said test, the petitioners failed. The Departmental Promotion Committee had gone through the process of selection by holding a test and the said test with a view to find out merit is certainly of the modes to make selection. Ashwani Kumar and other vs. State of Haryana and others, S.L.R 687=1991(3)RSJ 682

15. Removal of name of a police officer from list E or list D. In deciding in each particular case whether the reversion of a Government servant id by way of punishment or not yhe court has to keep in view the context and circumstances of the case leading to reversion and the consequence directly flowing from reversion in so far as they may affect the substantive rank of the Government servant and not qua the higher rank which he was holding in an officiating capacity or as a probationer. The loss of emoluments of higher post and being reverted to the lower post are not penal consequences as they have reference to their post and not to substantive post. Though the motive of reversion id not relevant, actual effect of the order of reversion is material for deciding whether in each particular case it amounts to reduction in rank or not. The State of Punjab vs. Rijinder Sing, ILR (1996) Punj. 84=1965 P.L.R. supp 625

16. Requirement of the test laid down by the circular. The requirement of the test laid down by the circular, dated 14.9.1957 was merely a method of judging the efficiency. It was, therefore, valid and the reversion of the respondent could not be challenged in so far as it was made because the respondent failed to appear at the test and thereby showed that he was not efficient within the meaning of Rule 13.1(1) of the Punjab Police Rules.

The respondents has pointedly pleaded in paragraph 8(I) of the plaint that several persons were confirmed as Sub-Inspector of Police without qualifying in the departmental test laid down by the circular, dated 14.9.1957 and that the respondents alone was reverted for not taking the test, an action which was discriminatory and contrary to Article 14 and 16 of the Constitution. The only defence was that the persons who were confirmed inspite of their failure to take the test were probationers and their cases did not stand on the same footing as that of the respondents, who was only officiating as a Sub-Inspector of Police. This defence is untenable on the face of it. Firstly, the circular, dated 14.9.1957 expressly to probationers as well as to persons officiating as Sub-Inspector of Police. Both these categories of persons were required to take the test. The defence is, thus contrary to the circular and, therefore, totally fails to explain why several probationers were confirmed without taking the test, while the respondents alone was reverted for not taking test. Secondly, neither any Rules nor any administrative instructions have been brought to any my notice to show if a probationer and a person appointed to officiate can be distinguished from each other by intelligible differentia. Union of India and another vs. Shri Hans Raj A.S.I Police, 1969 S.L.R 782

17. Reversion for failure to satisfy the test of efficiency. In State of Haryana vs. Shamsher Jung, 1968 SLR 162, the departmental examination for promotion was not show to be implied in the statutory rules governing the promotion in considering whether executive instructions supplement the statutory rules. The above-mentioned Supreme Court decisions were not considered by the Court in Satpal Sharma vs. State of Punjab, 1968 SLR 484 also the imposition of a test for promotion was not shown to be necessary for the assessment of efficiency as in the present case. In Ram Kishan vs. Inspector-General of Police, 1968 SLR 661 the vital distinction between the officiating promotion and the substantive promotion pointed out above was not brought to the notice of the court with the result that the court did not consider the question whether the power to hold a test was implied in the power to judge the efficiency under the Punjab Police Rule 13.1 (1). In Lakshya Vir vs. State of Punjab, 1967 SLR 706, it was observed that under Punjab Police Rules, 13.1(1), 13.1(2) and 13.8(1) there could be other methods than test to judge the efficiency of a candidate. With great respect, however, it may be pointed out that it is for the confirming authority to devise a suitable method of judging the efficiency. If the test was a suitable method, it is not for this court to suggest to the confirming authority to search for other suitable methods so long as the method of test cannot be said to be unsuitable or outside the power conferred by the Punjab Police Rule 13.1(1). A mere reversion for failure to satisfy the test of efficiency and removal of the name from list “E” was, therefore, not a reduction in a rank at all within the meaning of Article 311(2) of the Constitution. This was also the view expressed in the State of Punjab vs. Rajinder Singh, 1965 PLR . Supplement 625. Union of India and another vs. Shri Hans Raj, A.S.I Police, 1969 S.L.R 728

18. Right to be deputed for Intermediate School Course . – Rule 13.9 deals with the preparation of list “D” for promotion to the rank of Assistant Sub-Inspectors. The Head Constable eligible for being admitted to this list are those who have passed the Lower School Course and the Intermediate School Course and unless they are so qualified, they have no right to be considered for being admitted to that list. Once a Head Constable qualified by passing both the course, his case is placed before the Deputy Inspector General of Police for being brought on list “D” and it is at that time that his efficiency and integrity come up for consideration along with other relevant factors, one of them being whether he is fit for officiating or substantive promotion to the rank of Assistant Sub-Inspector. Merely because a Head Constable has passed the Intermediate School Course does not give him right of being admitted to list “D”. By passing that course, he only qualifies himself for being considered for admission to list “D”. It can well happen that when a Head Constable passed an Intermediate School Course, he may not be considered thoroughly efficient in all branches of the duties of a Constable or Head Constable and some time later he attains that efficiency. He will then become eligible for being brought on list “D” which will open the way for him to be promoted to the rank of officiating or substantive Assistant Sub-Inspector of Police. It is contended on behalf of the respondents that when he became efficient, he will be sent for the Intermediate School Course but it may happen that at that time he is unable to qualify in that examination either because of advanced age or physical unfitness. In that case it will mean that such a Head Constable is condemned for ever to remain as a Head Constable and cannot seek promotion to the next higher rank. We are, therefore, or the opinion that it is inherent in rule 13.9 and a legitimate inference can be drawn from the language of this rule every Head Constable list “C” has the right to be deputed for the Intermediate School Course on his turn and no obstacle can be placed in his way by any o the authorities because it is a necessary prescribed by any that rule and there is no other institution from where this qualification himself by passing the Intermediate School Course from any other institution, no obligation would have been cast on the Government to afford him an opportunity to pass that course and thus acquire that qualification just as educational qualifications are prescribed which can be acquired by the candidates from any of the numerous institutions. Since this qualification cannot be acquired in any other way but by admission to the Police Training College, the Head Constable willing to undergo that must be afforded an opportunity to do so. Since the number of seats for the Intermediate School Course is limited, the Head Constable can be sent in the order of seniority as stated hereinafter.

Under Rule 13.9 these two factors are taken consideration by the Deputy Inspector-General of Police while admitting a Head Constable to list “D”, which can be done only after a Head Constable qualifies himself by passing the Lower School Course and the Intermediate School Course. These two factors cannot be taken into consideration when a Head Constable is to be sent for Intermediate School Course. That is a specific qualification which has also to be considered in each case along with efficiency, honesty and suitability. A Head Constable can became eligible for being selected only after he acquires qualification by passing the Intermediate School Course. Without passing that course, he cannot be considered and, therefore, it can legitimately be said that the acquiring of the qualification does not constitute a part of the process of promotion, it only makes the Head Constable eligible for being considered for selection. It is not possible for us to subscribe to the very wide proposition canvassed by the learned Advocate General for the State of Punjab that the process of promotion from the rank of Constable to the other higher ranks starts when a Constable is brought on list “A”. It cannot be said that immediately therefore the process of promotion from one rank to the other start and it is a continuing process till the Constable reaches the highest rank for which he is eligible. The process of promotion and is to be seen in the case of every promotion from one rank to the next higher rank and not as a whole from the lowest to the highest rank. Saradul Singh, Head Constable vs. Inspector-General of Police, Punjab and others, 1970 S.L.R 505

19. Rules are statutory in character. – Rule 13.1 and 13.9 of the Punjab Police Rule are statutory in character, having been made under the Police Act, 1861, and are applicable to the Union Territory of Delhi. Further as these rules do not make any distinction between male and female members of the police force list “D” for regulating promotion to the rank of Assistant Sub-Inspectors even in the case of Lady Head Constable has to be prepared in accordance with the with the provision of rule 13.9. If for maintaining list “D” for Lady Constable for regulating their promotion to the rank of Assistant Sub-Inspector any method is adopted which is an conflicted with the procedure prescribed by rule 13.9 it would obviously be illegal, being opposed to a statutory rule Sub-rule (3) of Rule 12(1) does not contemplate laying down a different procedure for women police than the one contained in Rule 13.9 of the Punjab Police Rules, 1934 for maintaining list”D”. Smt. Kailash Wati vs. Union on India and others., 1973 (1) S.L.R

20. Seniority on the basis of dates of confirmation maintained at District level. – The official respondents 1 to 3 in their return that the Deputy Inspector-General of Police, Ferozpur, directed the consideration of the dates of confirmation of respondents 4 to 9 as also others in the light of the availability of the permanent vacancies for their confirmation as Head Constable with effect from dates earlier to the ones from which they had actually been confirmed. The petitioners cannot possibly make any grouse of that particularly when there is no inter so seniority of the petitioners and respondents Nos. 4 to 9 under Police Rules which govern their service conditions. As already pointed out, a working seniority list of all the Head Constables I the range is made by the Deputy Inspector General with a view to send them to the Intermediate Course as the said course forms a parts of the process of their further promotion go the rank of Assistant Sub-Inspectors whose seniority under the rules is maintained at the range level. I also find no mala fides or \extraneous considerations in the Deputy Inspector General or General directing the Senior Superintendent of Police, Faridkot, to consider the dates of confirmation of the Head Constables of his district in the light of the availability of permanent vacancies during the years 1976 to 1981. That having been done, respondents Nos. 4 to 9 apparently stole a march over the petitioners to be sent to the Intermediate Course. There is thus no question of any discrimination or arbitrariness in the orders passed by the Deputy Inspector General or the Senior Superintendent of Police, Faridkot. Lakha Singh, head Constable and others vs. State of Punjab and others, 1985(2) S.L.R. 695.

21. Substantive promotion or the confirmation in a permanent post – The most important thing which has been overlooked not only by both the learned lower Courts, but also in the various decisions cited in support of the respondents case is that the promotion under Chapter XIII is of two kinds, viz. (a) an officiating promotion and (b) a substantive promotion. Admittedly, the respondent had received only an officiating promotion. This was governed by the provisions of Rule 13.10 and 13.12. The substantive promotion of the respondent which would have meant his confirmation as a Sub-Inspector of Police had yet to come. Substantive promotion was governed by Rule 13.1. The distinction between substantive promotion and the officiating promotion is clearly made in Rule 13.9(2), which deals with List ‘D’. But the same distinction is applicable to the provisions dealing with List ‘E’ also. This is borne out by the fact that Rule 13.4 specifically deals with officiating promotions Rule 13.4(2), deals with officiating promotions to the rank of Sub-Inspector and Rule 13.4(3) specifically deals with persons, who are in List ‘E’ as the respondent was. These officiating promotions are to be distinguished from promotions simpliciter or substantive promotions referred to in Rule 13.1(1). Rule 13.1(1) applies to the substantive promotion of Police Officers in all the Lists including List ‘E’ as is shown by the provisions of Rule 13.1(3), which specifically refers to List ‘E’, which was the List in which the name of the respondent had been placed.

The basic rule laid down in Rule 13.1(1) is that the substantive promotion or the confirmation in a permanent post was to be made “by selection tempered by seniority. Efficiency and honesty shall be the main factors governing selection”. Union of India and another vs. Shri Hans Raj, A.S.I. Police, 1969 S.L.R. 782.

13.2. Power to grant increments – Increments of pay of all upper and lower subordinates shall be granted when due, by Superintendents, provided that an increment may be withheld as a formal punishment in accordance with the rules contained in Chapter XVI. The withholding of increments shall be entered in the order book in the case of constables and head constables, and in the case of Inspector, Sergeants, Sub-Inspectors, and Assistant Sub-Inspectors published in the Police Gazette. In the case of members of he clerical cadre, increments shall be granted or withheld of a formal order in each case, by the head of the office concerned. When an efficiency bar is placed at any stage or stages in a time-scale, it shall be passed only in the authority of a specific order by and officer competent to withhold an increment in the time-scale concerned. In the case of Sergeants and Sub-Inspectors the sanction of the Inspector-General and Deputy Inspector-General, respectively, is required.

[For Punjab]

(No. G.S.R. 124/C.A. 5/61/S. 7/Amd (15)/82. Dated 11.9.1982)

13.2-A Power to grant local rank – (1) Notwithstanding anything contained in these rule, if the Inspector General of Police considers it necessary so to do in the interest of better functioning of the force, he may, for reasons to be recorded, grant to an enrolled police officer next higher rank as a local rank.

Provided that the grant of only a non-gazetted rank shall be permissible under this rule.

(2) The local rank referred in sub-rule (1) shall, in the first instance be granted for a period not exceeding six months which may from time to time be extended for a like period after recording reasons for each such extension.

(3) An officer of the force holding a local rank -

(a) shall exercise the command and be vested with the powers of an enrolled police officer holding that rank;

(b) shall not be entitled to any extra pay and allowances for holding such rank;

(c) shall not be entitled to claim any seniority over other enrolled police officers by virtue of having held such a local rank.”

13.3. Power to make promotions among gazetted and enrolled police officers – (1) The power to make promotions among gazetted officers and from non-gazetted to gazetted rank vests in the local Government with the concurrence of His Excellency the Governor.

(2) Deputy Inspectors-General and the Assistant Inspector-General, Government Railway Police, shall make promotions to the rank of Inspector. The Inspector-General, who maintains promotion list “F” - - vide Police Rule 13.15, of Sub-Inspectors and Sergeants, will notify the Deputy Inspector-General of a Range or the Assistant Inspector-General, government Railway

Police, when a substantive vacancy in the rank of Inspector is to be filled by an officer underhis control.

Substantive promotions to the rank of Sub-Inspector and Assistant Sub-Inspector shall be made by Superintendents of Police and the Assistant Superintendent, Government Railway Police. Deputy Inspectors-General of Ranges, who maintain promotion lists ‘D’ and ‘E’ for these two ranks in the case of District Police, will notify the Superintendent of police of a district when a vacancy in either rank is to be filled by an officer in his district.

Promotions to the rank of Head Constable shall be made by Superintendents of Police and the Assistant Superintendent, Government Railway Police.

(3) The seniority of Inspectors, Sergeants, Sub-Inspectors and Assistant Sub-Inspectors is shown in the list printed annually under the orders of the Inspector-General. Seniority of Head Constables in districts will be recorded in form 10.88(1).

SYNOPSIS

1. Jurisdiction to proceed with departmental enquiry.

COMMENTS

1. Jurisdiction to proceed with departmental enquiry – Where the criminal court has tried the concerned person and acquital him, it would be improper and such a proceeding is liable to be quashed as not in consonance with the principles of natural justice, if the administrative authority later initiates disciplinary proceedings on the identical facts and identical charge and records a contrary conclusion. There could be no right or inflexible rule that the finding of a criminal Court is conclusive in every sense, upon a administrative authorities. If the finding be that the acquital is on a technical ground, the administrative authority may conceivably punish the employee the same facts. It can certainly punish where the acquittal is solely based on the same facts, sanction, or some technical defect in procedure. It could punish on the same facts, for some lesser charge, which may not amount to a criminal offence, but may well amount to grave dereliction of duty, entitling disciplinary action. But, however, where the acquittal is substantially on merits, on identical facts and charges, it will not be proper for a disciplinary Tribunal to record a finding of guilt, and to punish, the employee thereon. This would be a basic principle of jurisprudence and it would make no difference that the departmental authority acts before the criminal proceedings or after it and the Court, in exercise of the jurisdiction under Article 226 of the Constitution., would be justified in striking down the action based on such finding as not in consonance with the principles of natural justice. Harinarayan dubey vs. State of Madhya Pradesh and others, 1976(1) S.L.R. 585.

13.4. Power to make officiating promotions – (1) Officiating promotions to the rank of Inspector shall be made by Deputy Inspectors-General of ranges and the Assistant Inspector-General, Government Railway Police. If the flow of promotion is unevenly distributed amongst ranges, the Inspector-General of Police shall make suitable transfers of Sub-Inspectors on the promotion list from one range to another.

(2) Officiating promotions to the rank of Sub-Inspector, Assistant Sub-Inspector (For Haryana. - and Head-Constable) shall be made by Superintendents of Police and Assistant Superintendent, Government Railway Police. If the flow of promotion is unevenly distributed among districts, the Deputy Inspector-General shall make suitable transfers of Assistant Sub-Inspectors, Head-Constables (For Haryana.-and Constables) on the promotion lists from one district to another.

(3) All promotions concerning Inspectors, Sub-Inspectors, Assistant Sub-Inspectors and Head Constables made under this rule shall be published in the Police Gazette, and notifications by Superintendents shall be sent in through the Deputy Inspectors-General who shall have the power to revise such orders on recording reasons in each case. If any Superintendent has not enough men on lists C, D and E in his district to fill temporary appointments in either rank, which he is required to make, he shall apply to the Deputy Inspector-General for a man from another district.

SYNOPSIS

1. Automatic confirmation - - “Officiation” and being placed on “probation”.

2. Order of dismissal by a subordinate authority.

3. Promotion to the report of Assistant Sub-Inspector of Police from list ‘D’.

COMMENTS

1. Automatic confirmation - - “Officiation” and being place on “probation” – Leaned counsel for the respondent-State was right in his stand that the nature of officiation does not either change or vary by the nature of the post against which a person officiates. The statutory rules do not the post against which a temporary vacancy only. To hold so, by a process of interpretation would, in my view, be unsupportable. The language in the status is unlimited in its Sweep. Therefore, officiation may well be against a regular or permanent vacancy. In view permanent vacancies cannot possibly be excluded from the concept of an offciation against them.

If in essence ‘officiation’ and being placed on probation ‘are’ district and separate term then the mere length of time of officiating cannot convert it into a deemed probation. On principle such an interpretation does not command itself to me and as would appear hereafter preceding is equally to the same effect Raj Kumar , A.S.I vs. State of Punjab and others 1980(3) S.L.R.779

2. Order dismissal by a subordinate authority. – The sole that has been argused in the petition is that the petitioner has been appointed a an officiating Assistant Sub-Inspector of Police by the Deputy Inspector-General of Police, Patiala Range, Patiala, and not by the Superintendent of Police, Patiala, and therefore, he could be dismissed from service only by the Deputy Inspector-General of Police Patiala Range. The reply on behalf of the respondents is that under rule 13.4 of the Punjab Police Rule, 1934 an officiating Assistant Sub-Inspector of Police can be appointed by the Superintendent of Police provided the vacancy in which he is appointed id of less than eight months duration. Man Singh A.S.I. vs. State of Punjab and others, 1973(1) S.L.R.365

3. Promotion to the post of Assistant Sub-Inspector of Police from list “D”. With regard to officiating promotions, rule 13.9(2) directions that officiating promotion shall be made out of his list as far as possible in rotation so as to give each man a trial in the duties of the higher rank. An analysis rules shows that officiating promotion of Assistant Sub Inspector from list D id intended to be made, as far as possible, in rotation or turns so as to give each man a trail in the higher rank. We are of the view that officiating appointments envisaged in the rule appointments against temporary posts or against temporary vacancies in appointment posts, both of which mist, and a permanent regular vacancy and there id no exigency of police service required local arrangement, it is difficult to hold that the rule permit promotion of qualified men t o be made in officiating capacity for more than 2 years being the period mentioned in rule 13.18 during which their fitness and conformation must finally be determined. It is obvious that the promotion of a fit senior officer cannot be superseded and bye-passed by a junior, by keeping the senior in an offiaciating capacity indefinitely. Any other interpretation would destroy the object of the rules and would militate, particularly against rule 13.18. On a construction of rule 13.9(2), I it be left to the authorities concerned to discriminate equal persons and appointment some in officiating capacity and keep them in this capacity for several years while appoint others on probation on way to automatic confirmation after two years, the power will be unguided and unfettered and would be discriminatory and unconstitutional.

The rule requires the higher officers to keep a strict watch on the conduct and efficiency of the officers and pass definite orders with regard to their fitness within a reasonable time, but it is a legal right of the public servant equally placed to be considered for promotion. If there is nothing against the officers, senior qualified officers must be promoted and confirmed and if there be anything against them which militated against their fitness there must be a definite decision according toe law holding unfit for promotion or confirmation every time their juniors are considered for promotion. Sat Pal, A.S.I. vs The Delhi Administration, Delhi through Lt. Governor Delhi and ors., 1974(1) S.L.R. 733.

13.5. –Omitted by Haryana vide Notification dated 18.3.1980.

13.5. Promotion to the selection grade of Constables. – (1) No Constable shall be promoted to the selection grade of constables unless he is (a) physically upto the required standard (sub-rule 12.16 (1)), (b) can read and write simple Urdue sentences and English numerals and (c) has a character roll clear of any entry carrying a moral stigma. Condition (a) can be relaxed by Superintendent of Police for good reasons to be recorded and conditions (b) and (c) can be relaxed by Deputy Inspectors-General and the Assistant Inspector-General, Government Railway Police.

(2) Men who possess the essential qualifications prescribed in sub-rule (1) shall be promoted as vacancies occur according to their order of marking on the following system:-

(a) Education --

F.A. or higher … 5 marks

Matriculation … 3 marks

Non-matriculation but above

primary … 2 marks

(b) Courses passed..

(i) Lower School … 5 marks.

(ii) Drill at Police Training School … 3 marks.

(iii) Traffic (by an approved standard) … 2 marks.

(iv) Finger Print … 2 marks.

(v) 1^st or 2^nd in recruits’ examination … 1 mark.

(vi) St. John’s Ambulance 1^st Aid Course … 1 mark.

(vii) Armourer’s Course … 2 marks.

Up to a maximum of 12 marks.

(d) Character --

Up to a maximum of 10 marks.

(3) Full marks under (c) and (d) in sub-rule (2) shall not be given to a constable with less than ten year’s service. Marking under (c) shall be estimated by commendation certificates and other proofs of special ability in detective work, disguising, intelligence duty and the like.

Ithustration.—A, who has passed the First Arts Examination is 1^st in his recruits course, has passed traffic and finger print courses, has three years’ service and has learnt the work of assistant police station clerk, might have 16 marks. B, a semi-illiterate constable of 24 years’ service with 18 commendation certificate, a clear roll, and established reliability in shadowing work, might have 22 marks gained under (c) and (d) only.

(4) Notwithstanding the marking system described in sub-rule (2), men posted to onerous and responsible duty, such as instructors, permanent traffic staff, clerical appointments at police stations and headquarters, secret service and central investigating agency duty, may be given temporary promotion to the selection grade. Men promoted solely on these grounds shall be reverted tot eh time-scale at any time if they fail to give satisfaction on the duty for which they have been promoted or are removed from such duty for a period exceeding three months.

(5) Constables of an above Matriculation standard of education and having exceptional family claims may be promoted tot he selection grade immediately on passing their recruits course with credit, notwithstanding the marking system described in sub-rule (2). Direct appointments to this grade are made in accordance with rule 12.10-A.

(6) A sheet in Form 13.5 (6) shall be attached tot he character roll of every constable for maintaining the marking system prescribed in this rule.

(7) Promotion to the selection grade shall be on probation for three years and constables so promoted may be reverted without formal departmental proceedings during or on the expiry of three years of their such promotion if they fail to maintain an exemplary standard of conduct and efficiency. Such reversions shall be freely made.

(8) Removal from the selection grade after once being confirmed in it involves formal proceedings. In the case of a selection grade constable who, on being sentenced judicially to a punishment of fine or simple imprisonment, or both, or to rigorous imprisonment not exceeding one month, is not dismissed under Police Rule 16.2 (2), the normal minimum departmental punishment shall be reduction to the time-scale. Similarly, in the case of a selection grade constable found guilty of in efficiency, whether in general or in respect of the special qualifications for which promotion has been given, the normal minimum punishment shall be reduction to the time-scale.

13.6—Omitted by Haryana vide Notification dated 18.3.1980.

13.6. List A. Promotion to the selection grade of constables. – List A ( in Form 13.6) shall be maintained by each Superintendent of Police, under his own personal supervision, of constables eligible under rule 13.5 for promotion to the selection grade of constables, The number of names in the list shall not exceed 10 per cent of the establishment of the grade in the district.

SYNOPSIS

1. Relaxation – Admission to Upper School Training Course.

COMMENTS

1. Relaxation.—Admission to Upper School Training Course. The petitioner after having completed the course represented to the department that he was qualified for that being promoted as Sub-Inspector but his representation was rejected. It is averred that respondent. No.s, 3.4, and 7 have been confirmed as Assistant Sub-Inspectors vide order dated August 4, 1971 with effect from August 4, 1971. He as challenged the order of confirmation of the respondent Nos. 3,4, 6 and 7 dated August 4, 1971 and that of promotion as Sub-Inspector of respondent Nos. 8 to 10 through this writ petition. The writ petition has been contested by the respondents. Balkrishan vs. State of Punjab and others, 1982 (1) S.L.R. 367.

[For Punjab]

13.7. List ‘B’. Selection for admission to promotion Course for Constables at the Police Training College.—(1) List ‘B’ in Form 13.7 shall be maintained by each Superintendent of Police. It will include the names of all Constables selected for admission to the Promotion Course for Constables at the Police Training College. Selection will be made in the month of January, each year and will be limited to the number of seats allotted to districts for the year with at twenty per cent reserve. Names will be entered in the list in order of merit determined by the Department Promotion Committee constituted by the Inspector-General of Police on the basis of tests in parade, general law (Indian Penal Code, Criminal Procedure Code, Indian Evidence Act and Local and Special Laws) interview and examination of records.

(2) All Constables.--

(a) who are middle pass an have put in more than four years of service;

(b) who are at least matriculates and have put in more than three years of service; or

(c) who obtain first class with credit in the Recruits Course specified in rule 19.2; will be eligible to have their names entered in in the aforesaid list, if they are not above thirty years of age on the first day of July in they year in which the selection is made;

Provided that no Constable who has been awarded a major punishment within a period of three years preceding the first day of January of the year in which selection is made will be eligible for admission to this lists and if any Constable whose name has been brought on this list is not sent to the Police Training College in that year he will be required to compete again with the new candidates, if he is still eligible for admission to the said list under the rules.

(3) Temporary Constables brought on List ‘B’ shall be absorbed in the regular establishment in preference to others.

(4) No Constable who has failed to qualify in the promotion course for Constables shall be readmitted to List ‘B’, unless the Principal, Police Training College, for the lessons to be recorded in writing consider him deserving of another chance and he is still eligible. The reasons are to be communicated tot he Superintendent of Police concerned.

[For Haryana]

(Substituted vide Notification No. S.O. 116 dated 8.9.1992)

13.7. Selection of candidate for admission to courses at the Police Training College – List B (in Form 13.7) shall be maintained by each Superintendent of Police. It Course to be held at the Police Training College. Selection to the list shall be made in the Month of January each year and shall limited to the number of seats allotted to the district for the year. Fo0r reasons to be recorded, the number of seats can be increased by 20 percent. Allotment of seats to each dist4rict shall be done on the basis of existing vacancies and the number of vacancies which are likely to occur during the next one year. Names shall be entered in the list in the order of merit, determined by the Department Promotion Committee on the basis of tests in (i) Parade, (ii) written test in general law (Indian Penal Code, Criminal Procedure Code, Indian Evidence Act and such other Local and Special Laws as may be specified) and (iii) Examination of Service Record.

(a) All Constable irrespective of their educational qualifications shall eligible to appear for the B-I test, if they are under the age of 40 years and have completed 5 years of service on the 1^st day of July, for the year in which selection is made.

(b) The marks to be awarded for educational qualification will be as under:-

B.A. and above … 5 marks

Matric and above … 3 marks

Middle and above … 2 marks

Courses upto 1 months duration … 2 marks

Courses upto 3 months duration … 4 marks

Courses upto 6 months duration … 6 marks

Courses upto 9 months duration … 10 marks

(d) the marks to be awarded for commendation certificates will be as under:-

Class I … 3 marks

Class II … 2 marks

Class III … 1 marks

The maximum marks for Class, Class II and Class III commendation certificates shall be 15 and in no case will exceed the maximum limit. For the purposel of awarding marks for commendation certificates only those certificates shall be considered which have been awarded before the 1^st day of July for the year in which selection is made.

(e) The marks to be awarded for the length of service will be as under:-

(i) 5 years to 10 years … 10 marks @ 2 for each

completed year of service

(ii) 10 years to 15 years … 20 marks @ 2 for each

completed year of service

(iii) 15 years to 20 years … 30 marks @ 2 for each

completed year of service

For the purpose of reckoning completed year of service, the date shall be the 1^st day of July for the year in which selection is made.

(f) Constables who obtained alround 1^st, 2^nd and 3^rd positions in the Recruits Course specified under Rules 1-9.2, shall be awarded 3, 2 marks and 1 mark respectively only if they have put in more than five years service into he 1^st of July for he ear in which selection is made.

(g) The marks to be deducted for punishment will be as under:-

For every major punishment … 5 marks

For every minor punishment … 3 marks

However, no other punishment will be taken into account foe the purpose of deduction of marks. The total marks to be deduction for punishment shall not exceed 25. The major/minor punishment considered for deduction of marks shall only be those which have been awarded on or before the 1^st day of July for the year in which selection is made.

(h) The subject for written test shall be the same as prescribed for Recruits Basic Course of Police Training College, madhuba\. There shall be two questions on each of Indian penal Code, Criminal Procedure Code and Evidence Act and 4 question of local and Special laws. One question on each of Indian Penal Code, Criminal Procedure Code and Evidence Act and two questions on Local and Special Laws shall be attempted and each question would carry 10 marks, with total of 50 marks for the written paper.

(i) Subject for test in parade will be as under:-

(1) Turn Out … 5 marks

(2) Personal performance in squad, drill and rifle exercises … 5 marks

(3) Word of Command … 5 marks

(4) Class taking …10marks

(5) Those candidates who completed 100 metres race in 14.5 seconds … 5 marks

_________

…30marks

The minimum pass marks individually in written and parade tests shall be 50%. The Departmental Promotion Committee while preparing the merit list of qualified candidates shall be take into account the marks obtained in written and parade tests and marks obtained/deducted as specified above at clauses (b) to (i)

For the parade/written test, each range Deputy Inspector General of Police shall constitute a Departmental Promotion Committee consisting of District Superintendent of Police and two Deputy Superintendent of Police form outside the concerned district. The question paper of written test shall be set by each range Deputy inspector General of Police. The Superintendent of Police heading the Departmental promotion Committee will provide answer sheets with fictitious roll numbers and have the answer sheets evaluated under his personal supervision.”

SYNOPSIS

1. Admission to Lower School Course.

2. Constable with doubtful is not entitled to be deputed for the course.

3. Constable who were eligible for further promotion and stood promoted to the next higher post.

4. Constables thought not eligible under the rules for undergoing cadre course/Lower school course sent for the same.

5. Denial of admission to course not proper.

6. Denial to constable already on list ‘B’ to undergo training not proper.

7. Departmental test for being brought on List B-1 for promotion.

8. Distinction between a lady constable and male constable.

9. First Aid Course.

10. Fixation of cut off date as January 1 of every year contrary to the Rules.

11. Justificable reasons to ignore a Constable on list ‘B’ from sending him to training.

12. Lady constable allowed to participate the combined test for being deputed for Lower Training Course.

13. Lower School Course.

14. Police Training Course – Eligibility of.

15. Power of I.G.P. to frame rules and order.

16. Power to constitute the Departmental Promotion Committee.

17. Prescription of age limit at 30 years.

18. Prescription of age on attaining which Constables are debarred from being considered for selection to Promotion Course.

19. Promotion – Denial of – Discrimination.

20. Promotion – Departmental promotion Committee.

21. Proviso to Rule 13.7(2) in consistent with the provisions of Rule 13.7(1) and 13.8-A.

22. Relaxation/Abolition of Rule 13.21

23. Reservation can only be made if otherwise eligible to be considered for promotion

24. Reservation for Scheduled Castes/Tribes/Lower School Course.

25. Reservation of posts for Scheduled Castes and backward Classes.

26. Rules also applicable to Armed constabulary.

27. Scope – Not mandatory.

28. Second test during the currency of the year in which earlier test for selection for promotion.

29. Selection for being sent to Lower School Course cannot be equated with promotion.

30. Suspension not a bar to depute for training.

31. Test parade prescribed under Rule 13.7 for selection.

32. Training -- Petitioner selected and sent for promotion course – Recalled back after 1-1/2 months training.

33. Upper age limit of 30 years.

COMMENTS

1. Admission to Lower School Course. The contention of the petioner’s counsel that more than 15 marks cannot be assigned for examiniation of service record does no find favour with the Court. The break-up of the marks assigned for assessment of service record has been given in sub-rule (4) of Rule 13.7 of the Rules. A candidate under group (1) cannot be given more than 5 marks for education. A candidate who has passed all the courses under group (ii) will be entitled to 15 marks. Under group (iii) if a candidate is in possession of commendation certificate of Class-I he shall be entitled to three marks, for class II, 2 marks and for Class III, 1 mark subject to a maximum o9f 15 for both. A Graduate candidate who had passed all the courses and is in possession of Class-I, Class-II, certificates, he will be entitled to 28 marks. Zile Singh vs. Stateof Haryana and others, 1991(7) S.L.R. 4 = 1992(3) RSJ 60

2. Constable with doubtful integrity is not entitled to be deputed for the course. The service record of Dhanna Singh, as produced before me, shows that his integrity has been doubted. A person, who has been considered to be of doubtful integrity by his superiors cannot claim that his record is not really based. So, the action of the respondents is not including his name in List ‘B’ and deciding to send him for Lower School Course is fully justified. However, the case of Bant Singh and Mghar Singh, petitioners, is different. In the service record of both the petitioners, there is no adverse entry apart from the fact that they had been censured. Censure according to the rules is not a major punishment. So, the petitioners could not be decided admission to List B and an opportunity for training in Lower School Course on the basis of the minor punishments of Censure. Dhanna Singh, Constable vs. The Chandigarh Administration and ors., 1984(1) S.L.R. 739

3. Constables who were eligible for further promotion and stood promoted to the next higher post. The appellants in L.P.A. Nos. 291 and 368 of 1984 before us were necessary parties to the Civil Writ Petitions Nos. 7124 and 6900 of 1975 and therefore, the observations made in those judgments would not, in any manner, affect adversely the appellants with the result that the appellants who had undergone the cadre course of the lower school course in the year 1976 were entitled to be considered for being brought on the ‘C’ list and to be promoted as Head Constable from the date they had been so promoted as on that date the provide respondents were yet undergoing the cadre course/lower school course and they, therefore, in terms, of rule were no even eligible to be considered for promotion to the post o Head Constable as the successful completion of the lower school course was sine qua non for promotion to the next higher post of Head Constable. Once the constables who were eligible for further promotion and stood promoted to the next higher post, the Constables who were their senior as Constable having also passed the lower school course after their so called junior had been promoted to the post of Head Constable, cannot be legally permitted to flaunt their seniority as Constables and seek promotion as Head Constable in point of time prior to those who although were junior to such constable but were alone eligible to be promoted on the date they were so promoted to the post of Head Constable. Amrik Skingh and others vs. State of Punjab and others, 1986(1) S.L.R. 324

4. Constables though not eligible under the rules for undergoing cadre course/Lower school course sent for the same. The contention advance by Mr. Gupta in regard to the two constables is no doubt correct be then all the private respondent in terms of amended rule 13.7 had failed in the said test and they every not entitled to be admitted to the course in question. They were directed to be admitted by this Court. So it hardly lies in their mouth to challenge the eligibility even of these two constables for being sent to undergo the given course. The private respondents and these two constables both being in terms of rule 13.7 no entitled to undergo the course, but both having done so, then the one who completed the course earlier would, therefore, if the rules permit would continue to have the upper hand. Amrik Singh and others vs. State of Punjab and others, 198691) S.L.R. 324

5. Denial of a admission to the course not proper. Training course which began in October 1976 has already come to an end. Under the circumstances, the case of the petitioners will have to be considered for the new training course which may commence hereafter. But so far as further training courses are concerned, it is and admitted position on that the matter will obviously be covered by the amended rule 13.7 which has come into operation by virtue of the notification dated 16.06.1976. Obviously the petitioners will have to undergo the test prescribed by amended rule 13.7 before getting admission to future course for training. We may, however, observe that all these petitioners have wrongly been denied admission to this course in the past. Therefore, this aspect of the matter must be borne in mind at the time of considering their future admission to the course in question. On behalf of the petitioners we were requested to adopt the same formula which was adopted by this Court in Miss Manju vs. State, reported in AIR 1972 H.P. 37. That was the case for admission to medical college and at the time when the writ petition was decided by this Court, rules for admission to the medical college were amended. The Court, however, gave directions to increase the number of seals to accommodate petitioner Manju who was found successful in the writ petition. We find that it is not possible for us to adop any course in this case because it may not be open to the state Government to ask the Government of Punjab to increase any seat at the Training College at Phillaur with a view to accommodate these petitioners. But we strongly recommend the case of these petitioners to the State Government and the concerned authorities, who shall see to it that unless there is any exceptional circumstance which would justify the refusal to admit the petitioners to the required course in future in accordance with the amended rule No. 13-7, the petitioners shall be sent to the necessary training at Phillaur. It is recommended that, if possibly, the State Government may take any other necessary step including the step to increase the seats with a view to accommodate the petitioners in case there is nothing exceptionally adverse found against them at the relevant time. Shri Baldav Ram, Constable and another vs. The Superintendent of Police, Kangra and others, 1978(1) S.L.R. 774.

6. Denial to constables already on list ‘B’ to undergo training not proper. It is contended by the learned counsel of the petitioner that they were duly selected under Rule 13-7 and were brought on List B-1. Under the aforesaid rules they are entitled to be sent to the Lower School Course in April, 1980. He further argues that the rule has since been amended and the Government in pursuance of that rule has made a fresh selecting which is illegal and liable to be set aside. On the other hand, the learned counsel for the respondents has vehemently argued that the intention of incorporating the new rule was that the selection should be made afresh under the amended Rule. According to the counsel, the candidates already brought on List B-1 were thus not entitled to be sent to the course. Lal Sindh, Constable and others vs. State of Haryana and others, 1980(3) S.L.R. 61.

7. Departmental test for being brought on List B-1 for promotion. Mere qualifying the test does not give them any right unless their names are brought on the list. Even the persons whose names are brought on the list ‘B-1’, cannot claim any right after the expiry of one year as this list is valid only for the year in which it is prepared. During the arguments, when it was brought to our notice that the persons who are already on List ‘B-1’ and have a right to be considered because of the 20% reserve are also not being considered for the promotion course for constables at the Police Training College, the position of the State Government was ascertained from the Assistant Advocate General appearing on behalf of the respondents, in this respect. He after consulting the respondents has given undertaking in the Court that all those persons whose names are already there on List ‘B-1’ including 20% reserve, will be considered by the State Government for promotion before any other fresh list is prepared within this year. On this undertaking by the State Counsel, this objection was no more available to the learned counsel for the petitioners have got any vested right as to maintain these petitions. The qualifying test in held in order to select persons for List ‘B-1’, under Rule 13-7, according to the number of seats allotted to each District. After that selection is over nothing remains and no body can claim any right subsequently on the basis of his bein qualified in the test. The purpose of the test, after the necessary selection is made, is over. Any person who qualifies in the test cannot claim as a matter of right that his name be brought on List ‘B-1’ subsequent to the test when selection has already been made. Babour Singh and others vs. State of Punjab and others, 1980(1) S.L.R. 279

8. Distinction between a lady constable and male constable Government were advised in drawing separate seniority of each cadre of all the women police officials. Jamail Singh and others vs. The State of Punjab, 1992(2) RSJ 114

9. First Aid Course. If photo copy of the certificate issued by the St. John Ambulance Association is correct, then petitioner had undergone First Aid Course during his service and no exception can be taken for not giving him credit for such a course. Ram Niwas vs. State of Haryana and others, 1992(1) RSJ 726

10. Fixation of cut off date as January 1 of every year contrary to the Rules. The cut off date of 1^st of January was also provided in the proviso added to rule 13-7 and in the standing order it was merely a clarification that is was also added in clauses (2) opening sentence “All Constables, who upto the 1^st January that year”. This contention cannot be accepted. Proviso as it exists only debars punishment imposed prior to 1^st of January to be taken into consideration. If a person was awarded major punishment, obviously he could not be sent for the training but from that no analogy can by drawn that for applying clauses (a), (b) and (c), the cut off date in all cases should be January 1^st of the relevant year. Rules are framed by the State. A standing order which is in the form of instructions cannot over-ride the rule or provide contrary to the rule. Rule 13-7 as already stated above provides for eligibility of the persons at the time of selection and providing a cut off date of January 1^st, in the standing order Annexure P-I, the operation of the rule stands curtailed which is not permitted under the law. The petitioner was eligible to be promoted to the rank of head Constable, being a Matriculate and having completed three years of service as on February 28, 1992 under Rule 13-7(2)(b) of the Punjab Police Rules as reproduced above. On that account he was permitted to take the written test, which he passed. Subsequently he could not be deprived of being deputed to the Lower School Course. Rajwinder Singh, Constable vs. State of Punjab and others, 1992(4) S.L.R. 468 = 1992 (3) RSJ 101

11. Justificable reasons to ignore a Constable on list ‘B’ from sending him to training. The petitioner’s name was to be treated as if on List B, but as a reserve candidate within the 20% quota, the proviso on first impressions seems to be applicable. But then again, a Constable whose name is on the list and is not sent to the Police Training College can only be prevented from attending the Police Training College for justifiable reasons. And here, the justification pleaded, as has been held earlier, does not cut any ice. It is, therefore, in the essence of things hat the seat of the year 1978, which remained unfilled for the inaction of the respondents, must not be taken to have elapsed but to have remained in animated suspension, to be reactivate by judicial process as an answer to executive callousness. Accordingly, taking aid of the discretionary and viable powers with the Inspector-General of Police in the matter of fixation of the number of seats to be allotted to each district for the year, a direction need be issued to him to create for the petitioner a suitable seat in the Training Course of the first batch for the year 1982, but in fulfillment of the seat left vacant for the year 1978. Any other course would be defeating the spirit of the rule. The direction is nothing but a measure to cover up the left over seat which had otherwise rightly fallen to the share of the petitioner. Bhag Singh, Constable vs. State of Punjab and others, 1982(2) S.L.R. 281

12. Lady constable allowed to participate the combined test for being deputed for Lower Training Course. The stand is that even though joint tests for men and lady Constables were held in which the petitioner competed and stood first amongst the Lady Constables and secured a high position in the joint merit, on the basis whereof she did earn a seat for deputation to the Lower School Course, yet in the absence of a formal and express order from the respondents allocating a seat for the Lady Constables, the entire exercise conducted by the respondents as well as the petitioner was futile and was an idle formality. Such a stand cannot be countenanced in the eye of law, as according to Rule 13-7 of the Punjab Police Rules, 1934, as applicable to the State of Haryana, and amended from time to time, there is no such provision or requirement of passing a separate order about the allocation of seats. Apart from that, if that was a condition precedent in the minds of the respondents, then either such an order could have been issued before holding the test in January, 1987, or if there was some insurmountable difficulty in the passing of such an order, then the Lady Constables should not have been permitted to participate. Now, after the petitioner ahs participated in the tests and has secured a meritorious position, it does not lie in the mouth of the respondents to deny to her, a well-earned right for undergoing the Training Course. Moreover, if Article 15(3) of the Constitution permits the State to make any special provision for the women and children, that does not mean that such a provision has to be made to their detriment. Rather, the intention is to provide better facilities for their benefit and betterment in their career. The impugned action of the respondents is wholly arbitrary. Prem Devi (Smt.) vs. The Director General of Police, Haryana and others, 1988(1) S.L.R. 468

13. Lower School Course. Essential for Constable to sit and pass in the test held under rule 13-7 of the Punjab Police Rules. Kamal Kishore vs. The State of Haryana and others, 1992(1) RSJ 524

14. Police Training Course – Eligibility of. The selection to be made in accordance with Rule 19-14 of the Rules succeed the bringing of the constables on list ‘B’ and does not precede it. Rule 13-7 of the Rule itself envisages the selection to be made for this list as the vacancies for admission to the promotion course occur at the Police Training School and it is that selection which has to be made in accordance with Rule 19-14 of the Rule. Since the petitioner was not placed on lit ‘B’ or as is the stand of the respondents, was not so approved by respondent No. 2 Deputy Inspector General of the Range on merits for being so placed on List ‘B’ he cannot have any possible grouse or locus stand to challenge the non-holding of test or non-compliance of the procedure laid down in rule 19-14 of the Rules. It is only the constable on list ‘B’ who can assail such a non-compliance of the latter Rule. The rest of the assertions of the petitioner that some of the constables were withdrawn or re-admitted to this list ‘B’ at the time of their sending to the Police Training Court from amongst the respondents No. 4 to 13, have also to be negatived for the same very reason, i.e. he has no locus stand to assail their further selection or non-selection for being sent to the said Course. The pre-requisite for a constable being asked to take a test under Rule 19-14 of the Rules or the compliance of the other formalities of the Rules is that the constable should be on list ‘B’ framed under Rule 13-7, Raj Kumar, Constable vs. State of Haryana and ors., 1980(1) S.L.R. 599

15. Power of I.G.P. to frame rules and order. The first part predominantly takes care for the organization, classification and distribution of the police-force and other allied matters relative thereto regarding which the I.G.P. may from time to time, subject to the approval of the State Government, frame such orders and rules as he shall deem expedient. Yet in the second part, the I.G.P. is authorised to frame all such other orders and rule relative to the police force as he shall, from time to time, deem expedient for preventing abuse or neglect of duties and for rendering such force efficient in the discharge of its duties. In the second part, seemingly, the rules and orders contemplated are not subject to the approval of the State Government, The reason is obvious. In the second part, the orders and rules to be framed by the I.G.P. are preventive in nature that whenever it occurs to him he should frame rules or orders necessary for preventing abuse or neglect of duty and on the other hand for the purpose of rendering the police force efficient in the discharge of its duties. Dalbir Singh and others vs. State of Punjab and others, 1982(3) S.L.R. 329

16. Power to constitute the Departmental Promotion Committee. Rule making authority has the power to nominate the authorities who will exercise powers under those rules. The State Government acts through human agencies and the Inspector General of Police is the Head of the Police Department in the State. The power to constitute the Departmental Promotion Committee and prescribing the syllabi for the various tests etc., had to be given to some responsible officer and the vesting of that power in the Inspector General of Police is in accordance with the constitution of the police force for the district. Under Section 2 of the Police Act, 1861, the whole State of Punjab form one police district and the entire police establishment under a State Government is deemed to be one police force, the administration of which is vested in the Inspector General of Police under Section 4 of the said Act. Ram Labhaya, Assistant Sub-Inspector of Police and others vs. The State of Punjab, through the Secretary for Home Affairs, Punjab and others, 1972 S.L.R. 775.

17. Prescription of age limit at 30 years Now coming to the next contention of the learned counsel for the appellants regarding fixation of age limit in rule 13-7(2), I do not find any merit in it. I agree with the findings of the learned Single Judge that rule 13-7(2) is unreasonable and ultra-vires Articles 16 of the constitution. The age of superannuation of constables is 58 years in Punjab and it seems highly unreasonable and arbitrary that the constables after having attained 30 years of age are debarred from consideration for further promotion for a period of 28 years. Hence this provision regarding age limit is arbitrary as no reason therefor has been indicated in the rules. Rather this fixation of age limit debarring the constables for further promotion after they become 30 years of age, would lead to frustration and rusting constables who have crossed 30 years of age, would have no incentive to hard work and honesty because they know that their future career is blocked as they cannot be promoted even to the next rank of Head Constables, what to say of consideration for higher promotion. Thus rule 13-7(2) has no relation with the object to the be achieved thereby and goes contrary to Article 16 of the Constitution. The only object to be achieved in Police Force is honesty, hard work and efficiency, I fail to understand how this object can be achieved by blocking the future career of the constables at the age of 30 years when they have still 28 years of service to go with no incentive. This bar or restriction on the age of unintelligible as no object will be achieved by framing these rules. The bar has been placed on a constable at such an early stage of his that it has denied him the chance of any promotion during the last 28 years of his service career. This at any rate has to nexus with the object to be achieved thereby. The Superintendent of Police, Gurdaspur and others vs. Kashmir Singh, Constable and others, 1975(2) S.L.R. 116

18. Prescription of age on attaining which Constables are debarred from being considered for selection to Promotion Course. In Clauses (a), (b) and (c) of rule 13-7(2), the qualifications of Constables, who will be eligible to have their names entered in list ‘B’, are given, if they ae not above thirty years of age on the first day of July in the year in which the selection is made. The learned counsel for the petitioners contended that this provision regarding age limit given in rule 13-7(2) is unconstitutional and, therefore, it should be struck down. In the State of Punjab, the age of superannuation of a police officer/official is 58 years and to debar a constable from consideration for further promotion for a period of 28 years seems to be unreasonable and an infringement of his fundamental right under Article 16 of the Constitution of India. The restriction of age cannot be provided as it has no nexus to the object to be achieved i.e. promotion of Constables to the post of Head Constable. This provision regarding age is arbitrary as no reason has been shown for its fixation. It violates the rights of the Constables under Article 16 of the Constitution of India and is liable to be struck down. I, therefore, hold that the prescription of the age of 30 years for Constables on attaining which they are debarred under Rule 13-7(2) from being considered for selection to the Promotion Course for Constables at the Police Training College, Phillaur is unconstitutional and is struck down. Kashmir Singh, Constable and others vs. The Superintendent of Police, Gurdaspur and others, 1974(2) S.L.R. 15

19. Promotion - - Denial of - - Discrimination. The petitioners having got distinction in the Lower School Course held in the month of April, 1982 would not be hit by the order of cancellation of these instructions as such like instructions are prospective in operation only, especially when the petitioners had acquired a right to be considered for accelerated promotions before the issuance of such instructions.

Moreover, the retrospective application of these instruction would result in discrimination between the members of the police force similarly situated as admittedly under the Rule 1944 instructions some constables were given accelerated promotion as head constable. Under these circumstances the act of the respondents in not considering the case of the petitioner for accelerated promotion has not only resulted in discrimination but arbitrariness and, thus, hit by the mandate enshrine in Articles 14 and 16 of the Constitution.

For the foregoing reasons this writ petition succeeds. The respondents are directed to consider the case of the petitioners for accelerated promotion to the post of head constable with effect from the date they had cleared the Lower School Course with distinction under the 1944 instructions. Rattan Lal, Constable vs. State of Haryana and ors., 1990(3) S.L.R. 92 = 1992(2) RSJ 740

20. Promotion - - Departmental Promotion Committee. Rule 13-7 envisaged appointment of a promotion committee by Inspector General of Police, the instructions envisaged appointment of Promotion Committee by D.I.G. Police and therefore, the selection held by the promotion committee could not be considered strictly to be in accordance with Rule 13-7. Even if for the sake of argument it is assumed that the promotion committee in the present case had been appointed by D.I.G. and not by the Inspector General of Police, then that by itself would no render the selection as not being in accordance with the said rule. The material requirement of the said rule is (i) that the personnel of promotion committee should be of high rank; (ii) that they had judged the merit of each constable in accordance with the test envisaged in rule 13-7. Whether the high ranking promotion Committee was appointed by D.I.G. or I.G. is not of the essence of the rule. In the present case the promotion committee envisaged by the instructions comprised of Superintendent of Police of the concerned District as its President and two Gazetted Officers nominated by the D.I.G. of the Range. Amrik Singh and others vs. State of Punjab and others, 1986(1) S.L.R. 324

21. Provision for competing again if not sent for admission to promotion course. It is evident from the bare reading of rule 13-7(1) that list ‘B’ in Form 13-7 shall be maintained by each Superintendent of Police; that it will include the names of all Constables selected for admission to the Promotion Course for Constables at the Police Training College; that the selection shall be made in the month of January each year; that it will be limited to the number of seats allotted to the districts for the year with a twenty per cent reserve and that the names in the list are to be entered in order of merit which is to be determined by the Departmental carried forward for the next year. The list is to be prepared every year in the month of January on the basis of merit as aforesaid. Otherwise, if the list was to be carry forward, then the language of rule 13-7(1) would have been entirely different. In that event there would have been indication in the rule that the list would be carried to the next year, that the new eligible constable would be placed at the bottom of the list and that the person at the top would be sent first to the Police raining College. But it does not seem to be the intention of rule 13-7(1) and the proviso to rule 13-7(2) has only made further clarification. The proviso only says that if any Constable, whose name has been brought on the list, is not sent to the Police Training College in the year, he will be required to compete again with the new candidates, if be is still eligible for admission to the said list under the rules. Secondly the proviso does not in any way lead to the impression that the names of the petitioner-respondents were impliedly removed from list ‘B’ by way of punishment. The Superintendent of Police, Gurdaspur and others s. Kashmir Singh, Constable and others, 1975(2) S.L.R. 116

22. Proviso to Rule 13-7(2). Inconsistent with the provisions of Rule 13-7(1) and 13-8-A. Every Constable, whose name is on list ‘B’, has the right to be sent for Promotion Course for Constables at the Police Training College, Phillaur in order of his seniority determined in accordance with rule 13-7(1). The impugned order impliedly removed the names of the petitioners from List ‘B’ because they are required to appear again in the test for bringing their names on that list. The petitioners, therefore, cannot be asked again to appear in the test for bringing their names on list ‘B’, because they were not sent for training in the year 1973, in which their names were brought on the list. The proviso to Rule 13-7(2) is inconsistent with the provisions of Rule 13-7(1) and Rule 13-8-A. The provisions of this proviso to Rule 13-7(2) that if any Constable, whose name has been brought on the list, is not sent to the Police Training College in that year, he will be required to complete again with the new candidates, if he is still eligible for admission to the said list under the rules are arbitrary as no reasons are given for making this provision. This proviso is, therefore, ultra-vires of Article 16 of the Constitution as it puts a hurdle in the way of the Constables, whose names have been validly and legally brought on the list ‘B’, to acquire the necessary qualifications by passing the promotion course in the Police Training College, Phillaur, which alone will make them eligible for the next promotion as Head Constable, and it is struck down. Kashmir Singh, Constable and others vs. Ths Superintendent of Police, Gurdaspur and others, 1974(2) S.L.R. 15

23. Relaxation / Abolition of Rule 13-21 – Rule 13-7 is not that mandatory and cannot remain mandatory due to the power of relaxation available in rule 13-21, as also due to the workability of rule 13-20, the conclusion is inescapable that by virtue of order, Annexure P-2, the I.G.P. had the power to relax rule 13-7 to the extent of abolishing the parade test altogether for the year 1982 with respect to the class and category of persons competing for the test to be held in January, 1982. Thus, the question passed at the very outset is answered in the affirmative holding that the power of relaxation under rule 13-21 vested in the I.G.P. goes to the extent of abolishing a particular rule virtually, but for reasons to be recorded in writing and in respect of any class or category of persons. And the exercise of this power is not in the nature of amendment to the Rules, but as a measure to serve the exigencies of service so as to carry out the purposes o the Act, it is not a fraud on the Rules either. Balbir Singh, Constable and others vs. State of Punjab and other, 1983(1) S.L.R. 109

24. Relaxation of rules – Power vested in I.G.Police. Under Rule 13-21, it is only the Inspector General of Police who has the power to relax any of the provisions of Chapter XIII with respect to any of class or category of persons but contrary to the rule in the present case, according to the return filed on behalf of the respondents themselves, this relaxation has been made not by the Inspector-General of Police, but by the State Government. Of course, the said rule authorities the Inspector-General of Police, Punjab, to relax the Rules, if in his opinion it is necessary or expedient so to do, but in order to satisfy ourselves, we sent for the original file in which approval of the State Government was sought by the Inspector-General of Police. After going through the original file, we find that the proposal was made by the Inspector-General of Police for holding a special test of constables for List “B-1” for deputing them to undergo Lower School Course at Police Training College at Phillaur with a view to have additional qualified constables available for promotion for the newly created posts of Head Constables. The sanction regarding grant of relaxation of Rule 13-7 was only sought by him because the posts were sanctioned on account of the recommendations of the Punjab Pay Commission by the State Government and the State Government has only stated that the necessary sanction is granted. In our opinion, for all intents and purpose, the requirement of Rule 13-21, which reads, “where the Inspector General of Police is of the opinion that is necessary or expedient so to do, he may, by order for reasons to be recorded in writing relax any of the provisions of this Chapter with respect of any class or category of persons” has been compiled with. The relaxation has been made by the Inspector-General of Police, though the same has also been sanctioned by the State Government. Mere grant of sanction by the State Government on the proposal initiated by the Inspector-General of Police, will not in any way violative Rule 13-21. Babour Sindh and other vs. State of Punjab and other, 19u8-0(1) S.L.R. 279.

25. Reservation can only be made if otherwise eligible to be considered for promotion. According to this proviso five percent of such promotions can be made from amongst the members of the Police Force who achieve outstanding distinction in sports field at all India level or international level if they are otherwise eligible for promotion but for seniority. It is, therefore, evident that a person who has achieved an outstanding distinction can be selected for promotion only if he is otherwise eligible. The eligibility of the member of the Police Force is determined by the Departmental Promotion Committee according to the provisions of rules 13-7 and 13-20. It is only if he is found eligible that he can be selected against a reserved seat even though he may be much junior to the other persons whose names were also brought on the selection list by the Departmental Promotion Committee. The benefit which is intended to be conferred on a member of the Police Force having outstanding distinction in sports appears to be that he is allowed to supersede in persons senior to him in the service but all instructions are prospective in operation only, especially when the petitioners had acquired a right to be considered for accelerated promotions before the issuance for such instructions.

Moreover, the retrospective application of these instructions would result in discrimination between the members of the police force similarly situated as admittedly under the Rule 1944 instructions some constables were given accelerated promotion as head constable. Under these circumstances the act o the respondents in not considering the case of the petitioners for accelerated promotion has not only resulted in discrimination but arbitrariness and, thus hit by the mandate enshrined in Articles 14 and 16 of the Constitution that the rule was framed under S.46 of the Act) that the rules has been framed for giving effect to the provisions of the Act. This has to be seen in the backdrop of S.12 which has been noticed a while ago providing that to restore efficiency in the discharge of the duties of the police-force, is the function of the I.G.P. And if in the manner of selection for promotional course, he considers it necessary or expedient to relax any provision of Chapter XIII with respect to any class or category of persons he can do so for the purposes of the Act but by order and for reasons to be recorded in writing. In this context, it may for the sake of argument be taken that all the rules starting from 13.1 ending by 13.20 are mandatory in nature but by providing rule 13.21 the mandatoriness of the rules, to my mind, has been done away with by the grant of power of relaxation. Thus, as it seems to me, the State Government by framing rule 13.21 did not as a delegate further delegate its power to the I.G.P. for amendment of the rules, but rather facilities, by simultaneously conferring power under rule 13.20, the carrying out of the purposes of Chap. III of the Rules and of the Act. For it cannot be forgotten that the I.G.P. and the State Government both are delegates under the Act within their respective spheres and for smooth functioning are expected to co-ordinate and conform to the objectives of the Act sough to be achieved. Dalbir Singh and others vs. State of Punjab and others, 1982(3) S.L.R. 329.

26. Reservation for Scheduled Castes/Tribes/Lower School Course – We have reexamined the matter in the light of the various judgments and rules and find that rule 13.7 is substantially different in its applicability and essence for rules 13.9 and 13.10. It is to be borne in mind that as per the practice in the Department, no inter seniority of Constables is maintained and all Constables who qualify in terms of the rule and the Standing Order are entitled to be put on List ‘B’ for being sent to the Lower School Course. It is after passing the Lower School Course that a seniority list of Constables is framed under rule 13.8, and are put in List ‘C’ where in addition to other factors, the merit obtained in the course is to be kept in view. It is , therefore, apparent that the prescription of rest at the stage of the preparation of List ‘B’ in terms of Rule 13.7 is essentially a step in the process of promotion of Constables to Head Constables. That being the situation, it would be mandatory on the authorities to make the reservation as provided by Annexure R-1 at the stage of selecting candidates for being put on List ‘B’.

The adequate number of reserved category candidates would not be reflected in List ‘C’ which concededly does constitute a link in the process of promotion. We are, therefore, of the opinion that Sardul Singh’s case (supra) is distinguishable on facts and does not help the case of the petitioners. The Division Bench in Ram Kumar’s case (supra) and the learned single Judge in CWP No. 5009 of 1985 (Constable Ravinder Singh and others vs. State of Punjab and others) have not gone into the aspect of the matter as we have seen it, and have substantially relied on the observations made in Sardul Singh’s case. Sarbjit Singh and others vs. State of Punjab and others, 1991(5) S.L.R. 279 = 1991(2) RSJ 665.

27. Reservation of posts for Scheduled Castes and Backward Classes – The Lower School Course is a promotion course for Constables yet sub-rule (2) of rule 13.8 lays down in no uncertain terms that promotion to the post of a Head Constable shall be made in accordance with the principles described in sub-rules (1) and (2) of rule 13.1. This sub-rule further provides that selection grade. Constables who have not passed the Lower School Course at the Police Training School but are otherwise considered suitable may with the approval of the Deputy Inspector General of Police by promoted to the post of Head Constables though to the extent of 10 per cent of the vacancies only. Thus this part of the sub-rule clearly indicates that the qualification of having undergone a training may even be completely waived for promotion to the post of a Head Constable in the case of selection grade Constables. What sort of process of promotion from one rank to another and from one grade to another in the same rank shall be made by selection tampered by seniority efficiency and specific qualifications whether in the nature of training course passed or practical experience shall be carefully considered in each case. Sub-rule (1) of this rule further lays down that when qualifications of two officers are otherwise equal, the senior shall be promoted. A bare reading of this sub-rule makes it manifestly clear that to undergo a training course is only one of the qualifications which makes a Constable eligible for being considered for promotion to the next higher post of Head Constable. It is also clear from the phraseology of instructions P.1 that these envisage reservation to the post and not to eligibility or the training course. Ram Kumar and others vs. State of Haryana and others, 1983(1) S.L.R. 435.

28. Rules also applicable to Armed constabulary – Even admitting for the sake of argument that identification of higher categories of posts in the Armed Police with the corresponding posts in the District Police may require bit of head scratching, but there cannot be any dispute abut the fact that designation of the lowest rank in the Armed Police and the District Police is the same i.e. a constable constitutes the lowest rank in the two wings of the police and the first course that a constable is required to undergo is the lower school training course. Therefore, there cannot be any doubt that a constable of the Armed Police under the Police Rules which have already been held applicable to this wing of the police has to be sent to the lower training course in accordance with the relevant rule and that rule 13.7 of the Police Rules and therefore, one has to see whether the selection had been substantially in accordance with the said rule. Amrik Singh and others vs. State of Punjab and others, 1986(1) S.L.R. 324.

29. Scope – not mandatory – Rule 13.7 has not amended, altered or obliterated from the Statute Book, but its workability has been relaxed inasmuch as the parade test for the year 1982 has totally been done away with, for the class of Constables who would be selected for the Promotion Course. The suggested …. infraction of rule 13.7 with regard thereto cannot, to my mind, affect the validity of the selection made for the Promotion Course, for both the reasons, that neither the rule 13.7 is mandatory in that sense nor has it remained mandatory by relaxation of it s provisions under the impugned orders. Balbir Singh, Constable and others vs. State of Punjab and others, 1983(1) S.L.R. 109.

30. Second test during the currency of the year in which earlier test for selection for promotion – The mere use of the words “will be made in the month of January” does not mean that no second test can be held in any other month during the year. The rule is not mandatory to that extent. Moreover, there can be exigencies of Police service where the State Government may require more Police force in a particular year. In the present case, this necessity has arisen because the State Government had sanctioned 560 new posts of Head Constables in the Punjab State on the account of the acceptance of Punjab Pay Commission’s recommendations. At the most, it may be argued that it may be mandatory to this extent that selection will be made in the month of January, each year, but it cannot be extended further that another selection by another examination cannot be made subsequent thereto. In this prevent case, that requirement of the rule had already been compiled with. In the nature of things and keeping in view that the exigencies of Police service, it is obvious that it cannot be held that the State Government is debarred to hold more than one test for selection in the same year. Babour Singh and others vs. State of Punjab and others, 1980(1) S.L.R. 279.

31. Selection for being sent to Lower School Course cannot be equated with promotion – The process of selection for being sent to Lower School Course could not be equated to the consideration for promotion. Reservation for Scheduled Castes for deputing them to Lower School Course was not permissible and the constables be sent to Lower School Course on the basis of merit. In the return it has been stated that against the said judgment of this Court, a special leave petition is pending in the Supreme Court, in which the operation of the judgment of the High Court has been stayed. In view of the aforesaid judgment of this Court, on the last date of hearing the learned counsel for the State wanted time to get instructions from the Department as to whether the petitioner could be sent for the Course which has commenced in April, 1988. However, learned counsel for the State submitted that as per the instructions the petitioners could not be sent for the present Course as the Lower School Course had already commenced. Ashok Kuma and other vs. State of Punjab and others, 1989(3) S.L.R. 539 = 1990(2) R.S.J. 209

32. Suspension not a bar to depute for training. Attending the Course under Rule 13.7 of the Punjab Police Rules is a step towards promotion. Actual promotion is made subsequently. There is no restriction contained in Rule 13.7 that a person who has been placed under suspension can be kept back. It is only after infliction of the major punishment that it would operate as a bar for admission to or retention in lists A.B and C, as provided under the Punjab Police Rules, which his maintained for promotional purposes. The stage will only come when any major punishment is imposed on a Police Officer and not at the stage of suspension. Suspension per se is not punishment and it cannot have any effect on the rights of the constables to attend the Lower School Cousre, as stated above. For the reasons recorded above, this writ petition is allowed with the direction to the respondents to send the petitioner forthwith to attend the Course which is started in October, 1991. It is left to the authorities to pass appropriate orders on the question of promotion at the relevant stage, keeping in view the observations aforesaid and the rules on the subject. Balraj Singh, Constable vs. State of Punjab and others, 1991(6) S.LR. 597=1992(1) RSJ 188

33. Test parade prescribed under Rule 13.7 for selection. It was also pointed out that all constables, in any case, under the rules are required to once a year to the lines where they have to undertake drill and parade at a part of the normal unkeep, and for the selection of the present promotional course, such repetition is not necessary. Having regard to the view that I am about to take, the arguments put forth by the learned counsel are sound. Undisputably, the police rules provide that a recruit before he becomes a Constable has to undertake a training for parade and thus it goes without saying that a Constable is well-equipped in his drills. And for the selection of a promotional course, if his drilling skill is made to recede in the background but his knowledge of law is brought to the forefront, such step, to my mind, promotes efficiency in the police-force whose primary function is not only to maintain law and order in the State but also to prevent commission and detection of crime.

As analysed above, rule 13.7 has not been amended, altered obliterated from the Statute Book, but its workability has been relaxed inasmuch as the parade test for the year 1992 has totally been done away with, for the class of Constables who would be selected for the Promotional Course. The suggested infraction of rule 13.7 with regard thereof cannot, to my mind, affect the validity of the selection made for the Promotion Course, for both the reasons, that neither the rule 13.7 is mandatory in that sense nor has it remained mandatory by relaxation of its provisions under the impugned orders. Dalbir Singh and other vs. State of Punjab and others, 1982(3) S.L.R. 329.

34. Training—Petitioner selected and sent for promotion course—Recalled back after 1-1/2 months training. Petitioner were selected by the Deputy Inspector General of Police for promotion course of Head Constable. They joined the course and attended the same for 1-1/2 months when they were recalld by order of the Deputy Inspector General of Police. The order of recall was not a speaking order and no reasons were given when they had been recalled. It was stated in the affidavit that petitioners had failed to qualify the law parade test and the Inspector General of Police had refused to relax the Rule 13.21 of Punjab Police Rules. The order recalling the petitioners from promotion course was illegal, ultra vires and is liable to be quashad. No condition was attached that selection of the petitioners was subject to the relaxation of rules grantd by the Inspector General of Police. Rule 13.9 of Punjab Police Rules in so far it gave the powers of selection for admision to the promtoion course for Head Constables was ultra vires Article 16 of the Consitition of India. Udham Singh and anr. Vs. The Inspector-General of Police and ors. 1973(1) S.L.R. 1048

34. Upper age limit of 30 years. It is to be borne in mind that constables enter the police force between the ages of 18 and 27 and under the rule, broadly speaking, they must be selected for promotio, before they attain of 30 or not at all. It is true that the prescription of the maximum age of 30 for selection for promotion is bound so result in hardship to a considerable number of constables, who, is not selected, are condemned to stagnation in service for a long period of 28 years. The may necessarily lead to frustration among those who fail to get selected for promotion. On the other hand, the very prescription of the maximum age of 30 for selection for promotion of a constable indicates that the administrative agency responsible for making the rules expects from constables aspiring promotion a display of their talent and their ability from the very commencement of their career. Apparently, the administrative agency is of the view that only those should be selected for promotion that exhibit from the very beginning such qualities as are considered necessary for promotion to higher posts in the police service. That, as already explained appears to be the scheme of the rules. It is not any one is denied an opportunity of being considered for promotion. Since ordinarily the maximum age for entry into service is 27, every constable has at least one chance of making the grade in order that he may be selected for promotion, the number of chances depending on his age on enlistment as a constable. A person who enlists as a constable cannot complain that those who have enlisted young have a large number of chances. No one has a fundamental right to be promoted; one has only a right to be considered for promotion. No one has a fundamental right to have a minimum number of so many chances to be considered for promotion. Deputy Inspector General of Police, Ambala Range, Ambala and another vs. Shamsher Sigh, Constable, 1977(1) S.L.R. 358

13.8 List C. Promotion to Head Constables.—(1) In each district a list shall be maintained in card index form (form 13.8(1) of all constables who have passed the Lower School Course at Phillaur and are considered eligible for promotion to Head Constable. A card shall be prepared for each constable admitted to the list and shall contain his marking under sub-rule 13.5(2) and notes by the Superintendent himself, or furnished by Gazetted Officers under whom the Constable has worked, on his qualifications and character. The list shall be kept confidentially by the Superintendent and shall be scrutinized and approved by the Deputy Inspector-General of Police at his annual inspection.

(2) Promotion of Head Constable shall be made in accordance with the principle described in sub-rules 13.1(1) and (2). The date of admission of List C shall not be material, but the order of merit in which examinations have been passed shall be taken into consideration in comprising qualifications. In case where other qualificatino are equal, seniority in the police force shall be deciding factor. Selection grade constables who have not passed the Lower School Course at the Police Training School but are otherwise considered suitable may, with the approval of the Deputy Inspector-General, be promoted to Head Constable up to maximum of ten per cent of vacancies.

13.8-A Disqualification for admission to or retention in Lists A, B or C.-- (1) The infliction of any major punishment shall be a bar to admission to or retention in lists A, B, or C, provided that (a) for special reasons to be recorded by the Superintendent in each case, and subject to confirmation by the Deputy Inspector-General, this disqualification may be waived and (b) after six months continuous good conduct in the case of censure or confinement to quarters or on expiry of the period of reduction in the case of reduction for a specified period, a constable may be re-admitted at the discretion of the Superintendent.

2) Gazetted Officers shall look out for, and encourage their Inspector and Sub-Inspector to bring to notice, Constable who, by reason of their general character and ability or of special acts, are suited for inclusion in lists A, B or C, and shall, after satisfying themselves by necessary enquiries, make suitable recommendations to the Superintendent.

SYNOPSIS

1. Bringing of name on list C-1 for promotion to the post of Head Constable.

2. D.P.C. ignored peitioner for promotion for having short tenure of service.

3. Determination of seniority.

4. Head Constables junior to the petitioners but on deputation with Police Training College sent for the Intermediate School Course.

5. Intermediate School Course.

6. List made in accordance with Rule 13.8.

7. Lower School Course.

8. Not sent because of stoppage of increment for one year.

9. Reservation for Scheduled Castes/Lower School Course.

10. Reversion.

11. Reversion from the post of Head-Constable.

12. Reversion from the post of Head Constable to that of Constable.

13. Right for being deputed for the Intermediate School Course.

14. Ten per cent vacancies of Head Constable to be filled up from amongst those Selection grade Constables who had not passed the Lower School Course.

15. Training-Petitioner ignored.

COMMENTS

1. Bringing of name on list C-1 for promotion to the post of Head Constables. Rule 13.8(2) and instructions Annexure P2 clearly stipulate that entry in list ‘C-1’ has necessarily to be from the date of qualifying the Lower School Course and the order of merit. It is not disputed that the petitioners passed the lower School Course on the same date as respondents No. 4 to 8 and 10. The two petitioners were admittedly higher in merit than the said respondents. If that he so then the action of the respondents was totally unjustified to bring the names of petitioners on list ‘C-1’ with effect from February 1, 1976 instead of September 29, 1975 or atleast October 1, 1975. Instead of correcting the apparent mistake, the Deputy Inspector General of Police, Hissar fell in procedural and technical wrangles. Nothing has been brought to my notice which may specify any limitation for correcting an admitted clerical mistake and if that be so even a technical objection raised against the claim of petitioners has necessarily to be rejected. Rajinder Singh and another vs. State of Haryna and others, 1991(3) S.L.R. 210=199 (1) 761

2. D.P.C ignored petitioner for promotion for having short tenure of service. It is the case of the respondents that the Exemptee quota of promotion is meant only for those constables who are otherwise suitable for promotion as Head Constables but could not, for one reason or the other, qualify the power school course, and that promotion against the Exempted quota is given not merely on the basis of seniority, but the suitability for the official to hold the post of Head Constable has also to be adjudged. It is stated that the petitioners was not considered suitable for the said promotion against the Exempted in view of his very short tenure of service in the Police Department since he had worked for less than a year as a regular police constable after passing out from the Recruits Training Center in the session ending March, 1987. It is further stated that the normal channel of promotion to the cadre of Head Constables is from amongst Police Constables who have passed the Lower School Course for which selection are made on the basis of a test held every year and that the petitioners had not even attempted to compete in the said test though he had become eligible to do so in 1988. Vichittar Sigh vs. State of H.P. and others 1989(4) S.L.R. 283.

3. Determination of seniority. The seniority of the Head Constable has to be determined by the Inspector General of Police on State-wise basis and not by the Deputy Inspector General of Police. On Range wise basis. I do not find any merit in this contention as under Rules 13.8 and 13.9 of the Rules, seniority of Head Constables has to be determined by the Deputy Inspector General of Police according to the Range and not on State-wise basis. This matter, therefore, stands settled and has assumed finality and there is no warrant for re-opening the same. Still, if confirmation of any Head Constable has been made or benefit of seniority of promotion has been granted to any Head Constable in violation of the aforesaid Rules and the right of senior persons have been adversely affected, it is the duty of the respondent authorities to look in to the matter and redress the genuine grievance of the senior Head Constables promptly. Laxmi narain and others vs. state of haryana and others, 1991(4) S.L.R 119.

4. Head Constables junior to the petitioners but on deputation with police Training College sent for the Intermediate School Course. We find that grave injustice ins done by the respondents in sending the deputationists to attend the Course, Rule 13.8 of the Punjab Police Rules as applicable to Haryana contemplates that confirmed Head Constables in order of seniority would be sent to attend Course, may be while on deputation. The right of the petitioners is jeopardised and they have genuine grouse. What will happen afterwards need not be taken in to consideration. Suffice it to say that rule 13.8 stood violated as far as the right of the petitioners is concerned Surinder Singh and others vs. State of Haryana and others, 1992 (1) S.L.R. 621=1992 (1) RSJ 733.

5. Intermediate School Course, Respondents remain duty bound to depute every Head Constable on List ‘C’ to undergo the Intermediate School Course strictly in the order of his seniority determined in accordance with Rule 13.8. Suresh Kumar vs. State of Haryana, 1991 (3) RSK 490.

The seniority of the Head Constables has to be determined by the Inspector General of Police on State-wise basis and not by the Deputy Inspector General of Police, on Range-wise basis. I do not find any merit in this contention as under Rules 13.8 and 13.9 of the Rules, seniority of Head Constables has to be determined by the Deputy Inspector General of Police accordant to the Range and not on State- wise basis. This matter, therefore, stands settled and has assumed finality and there is no been made or benefit of seniority or promotion has been granted to any Head Constable in violation of the aforesaid Rules and the right of senior persons have been adversely affected, it is the duty of the respondent authorities to look in to the matter and redress the genuine grievances of the senior Head Constables promptly. Sahib Singh, Head Constable and others vs. The State of Haryana , Home Department ad others, 1991 (4) S.L.R. 456.

6. List made in accordance with Rule 13.8. once a list has been made in accordance with rule 13.8 names therefrom can be removed only under the provisions of rule 13.8-A rule 13.13. Under the former rule the infliction of any major punishment shall be a bar to the retention of the name of a person or the promotion list and the Superintend of Police is bound to remove that name unless for special reasons to be recorded by him the name is retained but that also subject to confirmation by Inspector-General of Police is to supervise the working of the promotion list and he has the authority to remove Any name which he considers has been improperly admitted on that list.

The petitioner’s case is that he was brought on the promotion list early in 1965 and his name was illegally removed form that list by the second respondent. Shri P.C. Wadhwa has, on the other hand, stated in his return that the petitioner’s name was brought on list II and he admits that he removed his name form that list. The question that arises is whether the petitioner’s names was every on list ‘C’ as contemplated by rule 13.8 and if so could to be removed by the second respondent when admittedly neither were any directions of the Deputy Inspector-General of Police under rule 13.13 issued to that effect nor did the contingency contemplated by rule 13.8-A ever come in to existence. On a reading of rule 13.8 (1) it is clear that only the names of those constables who have passed the Lower School Course at Phillaur and are considered eligible for promotion as Head Constables cab be brought on promotion list ‘C’ person who have not passed this course cannot be brought on promotion list ‘C’ under sub-rule (2) of rule 13.8 however, in the case of selection grade constables who have not passed the Lower Course at the Police Training School but are otherwise considered suitable may with the approval of the Deputy Inspector General of Police be promoted as Head Constables up to maximum of ten percent of the vacancies in the posts of Head-Constables. Thus those constables who have not passed the Lower School Course may be promoted as Head Constables in a quota fixed form them without being brought on list ’C’ . A reading of sub-rule(1) of course cannot be brought on list ‘C’. it follows, therefore, that if the vacancies in the posts of Head-Constables available then in the ten percent quota constables who have not passed the Lower School Course may be promoted but that does not mean that they are promoted as from promotion list ‘C’. They are promoted in their quota after selection form those who are considered suitable. For this purpose it would necessarily require that at the time when promotions are made selection grade constables who are suitable though may not have passed the Lower Scholl Course would be considered by the Superintendent of Police and if the selection mad y him is approved by the Deputy Inspector General of Police those person would be promoted to the post of Head Constables. Accordingly, the contention of the petitioner that he was brought on promotion list ‘C’ cannot be accepted as under the rules the could not be brought on that list and the return filed by Shri P.C. Wadhwa clearly states that he was brought on list C-II Shri Megah Singh, Constables vs. State of Punjab and others, 1971 (2) S.L.R 823.

7. Lower School Course. If any person , who has secured the same or lesser marks as those secured by the petitioner has been deputed for the lower school course, the petitioner shall be deputed forthwith. Jagmal singh vs. the state of Haryana and others, 1992 (1) SRJ 735.

Rule13.8. (2) of the Punjab Police Rules, 1952, and instruction s Annexure P2 clearly stipulate that entry in list ‘C1’ has necessary to be from the date of qualifying on Lower School Course and the order of merit. Rajender Singh vs. State of Haryana 1991 (3) RSJ 345

8. Not sent because of stoppage of increment for one year. The main point which needs to be considered is whether the applicant could be debarred form being sent to the Intermediate Course which commenced form 1.4.1983. The respondent No.2. has pertinently mentioned that the applicant could not have been sent for this course, as Middle pass was one of the essential qualification and the applicant furnished middle pass certificate only May, 1983, this apart, it will be readily seen that in accordance with the view taken by the Full Bench of the Punjab and Haryana High Court in Sardul Singh vs. Inspector General of Police, Punjab and others state above, the applicant could at best become entitled to be sponsored for this course, not withstanding the fact that a departmental inquiry was pending against him. However, as pointed out by the learned Addl. Advocate General, the passing of the Intermediate School Course was only one of the essential qualification under Rule 13.9. of the Police Rules of being promoted to the next higher rank and his suitability form the point of view of efficiency and integrity had to separately be determined before he could be brought on List ‘D’ which is drawn out for promotion to the next higher rank. In other words, there is considerable force in his argument that even if it is presumed that the applicant should have been sent for the Intermediate School Course on an earlier occasion, this would be of no gavial to the applicant as there could be no automatic enlistment in list ‘D’ without further consideration of his case form the stand-point of efficiency and honestly in terms of Rule 13.9 of the Police Rules. Apart form the fact that he was otherwise intelligible, (as he submitted his middle pass certificate in May, 1983), the stoppage of increment for one year temporarily would have, in all likelihood come in his way while considering his case for promotion under Rule 13.9 of the Police Rules. Further more, as passing of the Intermediate School Course in one of the essential qualifications for being considered for promotion to the next higher rank which he actually passed sometime in 1987, it would be difficult to accept the promotion to the next higher rank as from 1983 and should be consequentially given notional seniority as from 1983, over his juniors who were sent for this course. Amar Singh vs. State of H.P and others, 1989 (7) S.L.R. 701.

9. Reservation for Scheduled Castes/Lower School Course. In Ram Kumar’s case (supra) the Division Bench observed that by no stretch of imagination the process of selection for being sent to the Lower School Course in terms of rule 13.7 can possibly be held or equated to the consideration for promotion envisaged by rule13.8. The above observation in Ram Kumar’s case and Sardul Singh Case fully Cover controversy before me. There is , therefore, no escape from the conclusion that places at No,. 1,611 and so on could not be reserved for the scheduled castes candidates in the list Annexure P.1. when admittedly on merit the petitioners were superior to them Course in April and October, 1985. Ravinder Singh Constables vs. State of Punjab and others, 1986 (1) S.L.R. 492.

10. Reversion Under Rule 13.8 (A) (1), the reservation of the petitioner form promotion course clearly tantamount to removal of his name form Promotion List ‘B’ which cannot be awarded without any major punishment. Karam Singh vs. Principle Police Training College, 1991 (3) RSK 375.

11. Reversion form the post of Head-Constable. With regard to the reversion of the petitioner form the post of Head-Constable so that the constable, in my opinion, the petitioner can have no ground for grievance. His promotion was in an officiating capacity and specifically on the term that he would be reverted to his substantive rank when Lower School Course qualified constables were available. According to the return of Shri Wadhwa, the reversion of the petitioner was made in normal administrative manner on 7.3. 1996 as three duly qualified constable were expected back form the police Training School. Shri Megah Singh , Constable vs. State of Punjab and others, 19 1 (2) S.L.R. 823.

12. Reversion form the post of Head Constable to that of Constable. It is not in dispute that the petitioner was promoted as Head Constable and he continued to hold the same for a pretty long time. He must earned increments during this period. The law is well settled that if any order detriment to the interest of a Govt.employee is passed, the concerned employee has a right to know the circumstance/background, which led to the passing of the impugned order. Admittedly, in the instant case, no opportunity of being heard, was afforded to the petitioner. No reason in the impugned order for reverting the petitioner has been recorded. As such, the impugned order of reversion being against equity and violative of principles of natural justice is liable to be quashed. Hardev Singh vs. of Haryana and others, 1991(7) S.L.R 141=1992(2) RSJ 493.

13. Right for being deputed for the Intermediate School Course. In the first instance, the Deputy Inspector General of Police of the Range Concerned shall depute the confirmed Head Constables for the Course according to the seniority list of the Range, and after the list of confirmed Head Constables is exhausted. Then the Head Constables on probation, and last of all the of officiating Head Constables. The Head Constables so qualifying the Intermediate School Course, shall be entitled to all the consequential benefits of seniority and promotion to higher rank arising therefrom, in accordance with Rules 13.8 and 13.9 of the aforesaid Rules. Laxmi Narain and other vs. State of Haryana and others, 1991(4)S.L.R. 119.

14. Ten per cent vacancies of Head Constables to be filled up form amongst those Selection Grade Constables who had not passed the Lower School Course. The petitioner was illegal ignored for the lower school course before he became overage as well as thereafter and that his name was not considered for List C-II because he was on deputation. These allegation are denied by Respondent. No. 2 in the reply. In para 5 of the reply it is averred that the petitioner was considered for lower school course, but he was not selected, in para 6 it is averred that it is incorrect that the petitioner was not constables are considered for List C-II is a concession and cannot be claimed as of right. Only those constables are considered for List C-II who have become overage for passing the lower school course, but come to conspicuous notice for good work indicating fitness for further promotion as Head Constables and are recommended by officers under whom they serve, as person suitable for promotion. Thus it cannot be considered as a concession. It is a right of such selection grade constables who have not passed the Lower School Course to be brought on List C-II. However, it is open to the authorities not to bring on Lit C-II if , in their opinion, a particular selection grade constable is not found fit. But at least every selection grade constable who has not passed the lower school course is to be considered for bringing his name on List C-II Raghubir Singh, Constable vs. State of Haryana and others, 1982 (2) S.L.R. 627.

15. Training –Petitioner ignored. The petitioner and respondent No. 5 were deputed for Lower School Course in Batch No.5 in which they attained 24^th and 33^rd positions respectively. The petitioner was brought on C.I List prior ot respondents 6 and 7 and was higher in merit in Batch No. 5 in the Lower School Course. Official Respondents 5 to 7 to Intermediate Course in preference to the petitioner. Admittedly, the petitioners in both the writ petitions are senior to respondent No. 7 Samundar Singh, who has not been confirmed as Head Constable so far. The interesting aspect of the mater is that the Director General of Police, Haryana, Chandigarh in Police Teleprinter Message, which is Annexure R-II to the writ petition, had allotted one set in Intermediate Course during 1990-1991, which was offered to respondent No.7 Samundar Singh. This clearly indicates that the additional seat was specially created for respondent No.7 for the reasons best known to the respondent-department. Had this seat been created for sportsmen category, the claim of other eligible sportsmen would have been considered and it should not have been created by name. Baljit Singh, Offg. A.S.I. Kamal vs. State of Haryana and others, 1991(2) S.L.R. 453= 1991(3) RSI 70.

(For Punjab)

13.9. List D. Selection of candidates for promotion course for Head Constables. Promotion to the rank of Assistant Sub-Inspector.—(1) List ‘D’ shall be maintained in two parts for Head Constables in Card Index Form No. 13.9 in each District. Selection for admission to the promotion course for Head Constable at the Police Training College, will be made from amongst all the confirmed Head Constables. No Head Constable shall be eligible for admission to the promotion course for Head Constable at the Police Training College, unless;

(1) he has passed Middle Standard Examination.

(2) He is below the age of forty years on the day of commencement of the next course.

(2) The name of the Head Constables who qualify at Police Training College in the Promotion Course for Head Constables will be entered in Part-I of List ‘D’ as soon as they qualify the same. While entering the names in this party they will maintain their seniority inter se. The names of the outstanding Head Constables at Police Training College due to being over-age but otherwise are of exceptional merit and are considered suitable may, with the approval of Inspector-General of Police, be entered in Part II of List ‘D’. No more than 10 per cent of the posts of Assistant Sub-Inspector both permanent and temporary will be filled from the names of Part II of List ‘D’. This part will not at any time contain names more than tow per cent of cadre strength of Assistant Sub-Inspector in a range, both temporary and permanent.

(3) Annual Confidential Reports of all the Head Constables in Parts I and II of List ‘D’ shall be furnished to the Deputy Inspector-General of Police by the 15^th day of April, each year in Form No. 13.9(3).

(4) Promotion tot he rank of Assistant Sub-Inspector shall be made in accordance with the seniority of the Head Constables on List ‘D’, which may be ignored by the Superintendent of Police in exceptional circumstances only for reasons to be recorded in writing with the approval of the Deputy Inspector-General of Police.

(For Haryana)

13.9. List D. Promotion to Assistant Sub-Inspector. – (1) A list shall be maintained in each district card index Form 13.9(1) of those head constables who have passed the lower school course and the Intermediate school course at the Police Training School and are approved by the Deputy inspector-General as eligible for officiating or substantive promotion to the rank or Assistant Sub-Inspector. No head constable shall be admitted to their list who is not thoroughly efficient in al branches of the duties of a constable and head constable and of established integrity.

(2) Officiating promotion to the rank of assistant sub-inspector shall be made from the list prescribed in sub-rule (1), as far as possible in rotation, so as to give each man a trial in the duties of the higher rank. Substantive promotion shall be made by the Deputy Inspector-General in accorance with the principles prescribed in Rule 13.1, and officiating promotion shall be made in accordance with sub-rule 13.4(2).

(3) Half-Yearly reports in Form 13.9(3) on all head constables in this list shall be furnished on the 15^th April and the 15^th October, to the Deputy Inspector-General

SYNOPSIS

1. Ad hoc promotion—Reversion thereupon to substantive rank—Validly of reversion.

2. Age of 40 years for the Head constables.

3. Department test for promotion list D.

4. Deputed as a result of his promotion in the Teleprinter staff.

5. Employee to be sent for Intermediate School Course.

6. Entitled to be deputed or intermediate school course on the basis of their seniority.

7. Every Assistant Sub-Inspector of Police has a right to be deputed for Upper School Course.

8. Head Constables may be sent for the Intermediate School Course otherwise that in accordance with their seniority.

9. Head Constable promoted as ASI without passing Intermediate School Course can be revered when qualified Head Constables become available.

10. Petitioner eligible for promotion denied consideration on the ground that he belonged to general cadre of post.

11. Police Officer deputing Head Constables in disregard of seniority.

12. Promotion Intermediate school course.

13. Right to be sent to Intermediate School Course.

14. Selection on list ‘C’ for the promotion course.

15. Selection on the basis of efficiency and honesty.

16. Training Petitioner recruited as Constable.

COMMENTS

1. Ad hoc promotion – Reversion therefrom toe substantive rank—Validly of reversion. On the transfer of the Commandant who had promoted the petitioner, a new Commandant came and passed the reversion order without there being any reason to do so. Learned counsel stressed on different achievements of the petitioner in the field of sports as mentioned in the petition. There is no force in the contention of the counsel for the petitioner. Annexure R.1 is the order vide which the petitioner was promoted on ad hoc basis keeping in view his achievements in the filed of sports. It further provides as under:-

His promotion is temporary, fortuitous and he will not claim any seniority over and above his seniors for this ad hoc promotion. He will be liable to be reverted without the formality of show cause notice. Since the petitioner was not promoted in accordance with the rules, i.e., after he had been deputed tot he Intermediate Scholl Course and in order of seniority, he could not claim any right to the promoted post. Under Rule 13.9 of the Punjab Police Rules promotion to the post of Sub-Inspector is made from confirmed Head Constables, who after doing Lower School Course, are placed in list ‘D’ maintained for the purpose. The petitioner was not promoted in order of seniority from the list ‘D’ as aforesaid. He was promoted out of trun taking into consideration his achievements in sports. Reversion from the aforesaid promoted post thus does not amount to punishment. Jagat Singh, A.S.I. vs. State of Haryana and others, 1992(5) S.L.R. 504.

2. Age of 40 years for the Head Constables. Prescription of age of 40 years for the Head Constables on attaining which they are debarred from being considered for the promotion course for Head Constables under Rule 13.9 of the amended Rules in unconstitutional and has to be struck down. Ram Labhaya, Assistant Sub-Inspector of police and others vs. The State of Punjab, through the Secretary for Home Affairs, Punjab and others, 1972 S.L.R. 775.

3. Departmental test for promotion list D. Relevant rule governing the petitioner’s promotion and inclusion of his name in List ‘d’ is 13.9. On perusal of this rule, which has been reproduced earlier, it is apparent that there is nothing in it which empowers the Superintendent of Police or any other police authority to hold an examination before framing the list ‘D’ for promotion or deputing Head Constables for undergoing the Intermediate School Course. It is true that which framing List ‘D’ for the purpose of promoting Head Constables to the rank of Assistant Sub-Inspector, the authorities concerned have not to be guided by seniority alone but have also to otherwise judge fitness of the candidate, but in the instant case non inclusion of the petitioner’s name in List ‘D’ is justified solely on the ground that he had failed to secure a position of merit in the examination held for the purpose. Since it has been found that the examination, or the test prescribed by the police authorities, had no sanction in the Police Rules or any other law, the authorities could not disqualify the petitioner from being brought on the List ‘D’ for his failure to secure a position of merit in that examination. The result of the examination has to be totally ignored and if it has been taken into account by the authorities in judging whether the petitioner is fit to be brought on the list, their decision stands vitiated and constitutes violation of rule 13.9. The petitioner was entitled to have his case considered for promotion and the inclusion in List ‘D’ without his having taken the examination and since his failure to secure a position of merit in that examination is the primary factor which has been used against him, the order of the authorities cannot be upheld. Ram Kishan, Head Constables vs. The Inspector General of Police, Haryana and others, 1968 S.L.R. 661.

4. Deputed as a result of his promotion in the Teleprinter staff. It is sought to be pleaded that since the petitioner is not a confirmed Head Constable in the executive branch of the police force and is only a member of the teleprinter staff, he is not entitled to be deputed for the course in accordance with the above noted rule. I see no merit in this submission for the short reason that merely on account of his promotion and later confirmation as a Head Constable in the teleprinter staff, he does not ccase to be a member of the police force. He admittedly is governed by the Punjab Police Rules referred above. Almost a similar argument was raised on behalf of the respondents in Mela Ram vs. State of Punjab etc. 1979 Current Law Journal 213 and was negatived by this Court. Raj Kumar, Head Constable vs. State of Haryana and others, 1983(2) S.L.R. 55.

5. Employee to be sent for Intermediate School Course. The respondent authorities are not in a position to produce any material before me to show that as a matter of fact the two alleged Cadres named as Executive Clerical Cadre and Executive Cadre in the Police Department were created by any competent authority. It is also not shown to me that while exercising their alleged options to continue to work on the clerical side the petitioners had ever given up their claim or rightr to be promoted to the next ranks under the Rules. Otherwise also it is difficult to accept the plea raised on behalf of the respondent. If the petitioners were brought to the clerical side or the cadre as those authorities choose to call it only as Constables, how and shy these people cannot aspire for or seek their due promotions in accordance with the Rules while remaining in the same branch or cadre of the Police Department? If they were brought to these offices as Clerks, why cannot they continue in these very offices as Head Constables or A.S.Is. or while enjoving still higher ranks? In the light of this I see no merit in the stand taken on behalf of the respondent authorities. Dhanna Singh and other vs. State of Punjab and others, 1986(4) S.L.R. 617.

6. Entitled to be deputed for intermediate school course on the basis of their seniority. I direct the respondent authorities to depute the petitioners other than Om Parkash to the next Intermediate School Course strictly in accordance with their seniority and the law laid down in the above noted Full Bench Judgment in Sardul Singh’s case. Since Om Parkash had admittedly been sent for this Course and was recalled during the pendency of this petition, he is directed to be sent to the Course forthwith. The petitioners are also held entitled to the costs of this litigation which I determine at Rs. 300 in each case. Phool Chand, Head Constable and ors. Vs. State of Punjab and ors., 1984(1) S.L.R.365.

7. Every Assistant Sub Inspector of Police has a right to be deputed for Upper School Course. It is clear that the instructions contained in the memo. Of the Inspector General of Police dated August 25, 1964, had not been approved by the State Government and had been issued the Inspector General of Police on his own authority. These instructions run counter to the Police Rules and were struck down by me as well as by the Division Bench which heard the appeals against my orders. In addition to the reasons given in those judgments, we are also of the opinion that the instructions issued in the memo. Dated September 16, 1933, and the memo. Dated August, 25, 1964, cannot be enforced as supplemental to the Police Rules because they were not issued by the State Government which alone had the right to make rules under the Police Act, 5 of 1861. According to their lordships of the Supreme Court, in Sant Ram “Sharma vs. State of Rajasthan, AIR 1967 SC 1910, the supplemental instructions can only be issued by the State Government which is competent to make the rule provided they are not inconsistent with the rules already framed. The instructions being void and of no effect, no selection can be made of the Assistant Sub-Inspectors of Police for being sent for the Upper School Course at the Police Training College, Phillaur. Whatever has been said above in regard to the first category of cases equally applies to these cases if we substitute list ‘E’ for list ‘D’ Sub-Inspectors for Assistant Sub-Inspectors, Assistant Sub-Inspectors for Head Constables and the Upper School Course for the Intermediate. School Course. In their cases also, the selection should be made in accordance with seniority unless any particular Assistant Sub-Inspector of Police is exempted from passing that course. While sending the Assistant Sub-Inspectors of Police for training for the Upper School Course, the confirmed Assistant Sub-Inspectors shall be considered first, thereafter the Assistant Sub-Inspectors on probation and last of all the officiating Assistant Sub-Inspectors. Sardul Singh, Head Constable vs. Inspector-General of Police, Punjab and others, 1970 S.L.R. 505.

8. Head Constables may be sent for the intermediate School Course otherwise than in accordance with their seniority. We also hereby direct that those Head constables who may be sent for the Intermediate School Course otherwise than in accordance with their seniority, shall be liable to be sent back from the course on this ground alone, regardless of the stage of the course at the time when this is detected.

9. Head Constable promoted as A.S.I. with out passing Intermediate School Course--Can be reverted when qualified Head Constables become available. It is not possible to quash the order of reversion to the petitioners because they were holding the posts of Assistant Sub – Inspectors of Police in an officiating capacity and their reversion to their substantive rank was not by way of punishment nor cast any stigma on them. They had no right to the officiating posts and since better qualified persons became available, according to rule 13-9 of the police Rules, the order f reversion was legal,. Under rule 13-09, no Head Constable can be appointed a an officiating Assistant Sub-Inspector of Police unless he has passed the Intermediate School Course and is admitted to list ‘D’. Sardul Singh, Head Constable vs. Inspector-General of Police, Punjab and others 1970 S.L.R. 505.

10. Petitioner eligible for promotion denied consideration on the ground that he belonged to general cadre of post. It is to be noted that there is Upper School Course which Assistant Sub-Inspector undergo for their eligibility for promotion to the post of Sub-Inspector. Rule 7-2 ibid provides that all gazetted and upper subordinate police officers except Assistant Sub Inspectors are mounted officers and are required to maintain a standard of efficiency in horsemanship which enables them to perform journeys on horseback and other duties with the mounted police. No doubt thee is a provision for granting exemption to some officers by general or special order. Recruits for the mounted police are either obtained by direct enlistment or from out of the foot police. Rule 7-8 provides that the reserve for the mounted police is embodied in the general reserve of head constables and constables sanctioned for fixed duties. Recruits for the mounted police are borne on the dismounted reserve until they are absorbed in vacancies in the mounted establishment. It is thus clear that an official from the general cadre who is equipped with necessary accomplishment of being a member of the mounted police is as and when the occasion arises taken in the mounted police. The petitioner in fact remained in the mounted police for a period of 21 years and he even worked as Riding Instructor in the Training School. It has not been brought on the record that he went to the general cadre of his own violation. The mere fact that he passed the Intermediate examination and was promoted as Assistant Sub-Inspector, a post which is not available in the mounted police does not mean that for all times to come he cannot be considered for promotion to a higher post in the mounted police. In fact it appears that the personnel of the mounted police are drawn from time to time form the general cadre. Therefore, in case a chance for promotion to the higher post is available in the mounted police the petitioner along with other eligible officers ought to be considered for that post. Ajit Singh vs. the State of Punjab and others, 1988(7) S.L.R. 178.

11. Police officers deputing Head Constables in disregard of seniority. The complaint is of junior having been sent to the course in preference to the appellants who claim to be their seniors. It has, however, come on record that there were at least 300 other Head Constables senior to the appellants who had not so far been sent to the course. It was on this account that the learned single Judge declined to direct the appellants to be sent to the course. While, no exception can, indeed, be taken to this view of the learned single Judge, this case does, however, bring out another glaring instance of the settled position in law being disregarded by the authorities concerned, while deputing Head Constables for the Intermediate School Course. Ram Phool, Sub Inspector and others vs. State of Haryana and others, 1992(5) S.L.R. 767

12. Promotion – Intermediate School Course. The petition has been opposed and a written statement has been filed by respondent No. 3 on his own behalf and that of respondents Nos. 1,2 and 4. It has been contended therein that the method of allocation of seats to different districts has been adopted by him through the impugned order “to prevent differences in the seniority of Head Constables”. A specific averment made by the petitioners in para 18 of the petition that in all other ranges in Haryana, i.e. Hissar and Gurgaon, Head Constables have been deputed to the Intermediate School Course on the basis of their seniority at the range level and that no further allocation on the basis of districts has been made in those ranges has not however, been denied in the written statement.

By allocating seats for different districts in Ambala Range through the order Annexure P.2 respondent No. 3 had made an attempt to dilute the effect of the judgment dated 11.4.1986 of this Court. To say the least respondent No. 3 ought to have submitted to the verdict of this Court and desisted from circumventing the directions contained therein. It was conceded before I.S. Tiwana, J., in C.W.P. No. 771/1986 that for the purpose of deputing Head Constables to the Intermediate school Course, the Deputy Inspector-General of Police maintained a working seniority of confirmed Head Constables, and he deputes them for the course on the basis of that seniority. Rishi Pal, Head Constable and others vs. State of Haryana, 1987(4) S.L.R. 717

13. Right to be sent to Intermediate School Course. It is inherent in Rule 13-9 and a legitimate inference can be drawn from the language of this rule that every Head Constable on list ‘C’ has the right to be reputed for the intermediate School Course on his turn and no obstacle can be placed in his way by any of the authorities because it is a necessary qualification prescribed by that rule and there is no other institution from where this qualification can be required. If a Head Constable could qualify himself by passing the Intermediate School Course from any other institution, no obligation would have been cast on the Government to afford him an opportunity to pass that course and thus acquire that qualifications just as educational qualifications are prescribed which can be acquired by the candidates from any of the numerous institutions. Since this qualification cannot be acquired in any other way but by admission to the Police Training College, the Head Constable willing to undergo that course must be afforded an opportunity to do so. Since the number of seats for the Intermediate School Course is limited, the Head Constable can be sent in the order of seniority as stated hereinafter. Head Constable Sardul Singh vs. Inspector General of Police, Punjab and ors., AIR 1970 Punjab 481 = 1970 Cur. L.J. 755

14. Selection of list ‘C’ for the promotion course. Selection of Head Constables on list ‘C’ for the promotion course under Rule 13-9 of Punjab Police Rules, 1934 as amended by Punjab Police (First Amendment) Rules, 1972 does not form part of the process of promotion of a Head Constable to the rank of Assistant Sub-Inspector and, therefore, the provision of a test for selection from amongst confirmed Head Constables for admission to the promotion course for Head Constables in ultra vires Article 16 of the Constitution of India as it puts a hurdle in their way to acquire the necessary qualification which alone will make them eligible for the next promotion No provision can be made for a test in order to select the Head Constables on list ‘C’ for admission to the promotion course for Head Constables under Rule 13-9 of the Punjab Police Rules, 1934 as amended in 1972. Ram Labhaya, Assistant Sub-Inspector of Police and others vs. The State of Punjab, through the Secretary for Home Affairs, Punjab and others, 1972 S.L.R 775

15. Selection on the basis of efficiency and honesty. When a particular qualification is prescribed by the State Government, and in order to acquire that qualification the training course is also run by the Government alone, then it becomes a duty of the Government to afford the opportunity to all eligible Head Constables to qualify themselves for that course. Head Constable Sardul Singh vs. Inspector General of Police, Punjab and ors., AIR 1970 Punjab 481 = 1970 Cur. L.J. 755

16. Training – Petitioner recruited as Constable. Petitioner was recruited as a Constable in the Police Department on July 9, 1971, and was promoted as Head Constable on November 1, 1975. He was further promoted as Assistant Sub-Inspector on December 13, 1983, and was confirmed as such on January 2, 1987. As he was not being considered for being sent to Upper School Course, he has filed this writ seeking a direction to the respondents for sending him to the Upper School Course. The respondents in their reply have taken the stand that the petitioner is working in the Wireless Section of the Haryana Police, so he is not entitled to be considered for being sent to the Upper School Course.

Mr. Arun Jain, learned counsel for the petitioner, has referred to a judgment of this Court reported as Raj Kumar vs. State of Haryana, 198392) SLR 55, wherein it has been held that a member of the Teleprinter Staff is also entitled to be considered for being sent to the Upper School courts. I allow this writ petition and direct the respondents to depute the petitioner to the Upper School Course in accordance with seniority. Prabhu Dayal, Assistant Sub-Inspector, Police vs. State of Haryana and others, 1990(4) S.L.R. 40 = 1989(1) RSJ 67

(For Punjab)

13-10. List ‘E’. Selection for promotion course for A.S.Is. promotion to the rank of Sub-Inspector. – (1) List ‘E’ shall be maintained for promotion to the rank of Sub-Inspector in two parts in Form No. 13-10 in each range. The names of Assistant Sub-Inspectors who qualify the promotion course for Assistant Sub-Inspectors at Police Training College shall be entered in Part-I of the said list ‘E’. While entering the names in this list they shall maintain their seniority inter-se. The names of the outstanding Assistant Sub-Inspectors who have not qualified the course mentioned above, but otherwise are of exceptional merit and are considered suitable, may, with the approval of the Inspector General of Police, be entered in Part-II of List ‘E’ provided they are not below the age of forty-five years.

Provided further that not more than ten percent of the posts of Sub-Inspectors (inclusive of temporary and permanent posts) shall not any time contain more than two percent of cadre strength of the Sub-Inspector in range.

(2) No Assistant Sub-Inspector shall be eligible for admission to the promotion course for Assistant Sub-Inspector at the Police Training College, unless --

(i) he has been confirmed as Assistant Sub-Inspector

(ii) he is below forty-five years on the date of commencement of the next course; and

(iii) he, in the case of promoted has completed four years’ service after passing the promotion course for head Constables and in the case of direct recruit has completed five years of service after passing Assistant Sub-Inspectors initial course.

(3) Promotion to the rank of Sub-Inspector shall be made strictly in accordance with the seniority on List ‘E’.

Provided that the seniority may be ignored in exceptional circumstances or reasons to be recorded in writing by the Deputy Inspector-General and with the approval of the Inspector-General of Police.

(For Haryana)

13-10. List E. Promotion to Sub-Inspectors. (1) A list of all Assistant Sub Inspectors, who have been approved by the Deputy Inspector General as fit for trial in independent charge of a police station, or for specialist posts on the establishment of sub-inspectors, shall be maintained in card index form by each Deputy Inspector General. Officiating promotions of short duration shall ordinarily be made within the district concerned (vide sub-rule 13-4(2) ), but vacancies of long duration may be filled by the promotion of any eligible man in the range at the discretion of the Deputy inspector General. Half yearly reports on all men entered in the list maintained under this rule shall be furnished in the form No. 13-9(3) by the 15^th October, in addition to the annual report to be submitted by the 15^th April, in accordance with Police Rule, 13-17(1).

(2) No Assistant Sub-Inspector shall be confirmed in a substantive vacancy in the rank of Sub-Inspector unless he has been tested for at least a year as an officiating sub Inspector his home is situated.

SYNOPSIS

1. Inherent power of Inspector General of Police to recall a police officer sent for upper school training course.

2. Natural justice - - Civil consequences flow.

3. Power to recall police officer sent for upper school training course.

4. Promotion fell due before amendment and when juniors promoted.

5. Reversion of officiating Police Officer.

1. Inherent power of Inspector General of Police to recall a police officer sent for upper

school training course. It is the statutory right of a particular officer to take training in the prescribed course with a view to improve his chances of future promotion, it must follow that any obstacle put in the exercise of such a right amounts to an interference with the service conditions of such an officer. In ordinary course, power to interfere with service condition of a Government servant must seek it justification from specific and explicit provision of law. Such a power cannot be impliedly rad unless the implication is obvious and necessary. I am not referred to any provision of Police Act or Rules framed thereunder form which such inherent power in accrue of the Inspector General of Police cab be read by necessary implication. Under the circumstances, there is no escape from the conclusion that the respondent No.2, the Inspector General of Police, has no power to recall a person who is already sent to take course in training. Shri Sukh Dutt.vs State of Himachal Paradesh Simla and others, 1977 (2) S.L.R. 433.

2. Natural justice—Civil consequences flow, the respondent No.2, has got any “inherent powers” to recall an officer who is sent for training, the question is whether such inherent powers could be exercised without complying with the rules of natural justice. It may be again repeated here that recalling of an officer form training course involves some civil consequences because such a recall would prevent him from passing the course in time and, therefore, other of his colleagues, who are equally situated would be able to pass the course earlier than him and this would enable them to get future promotions also earlier. It therefore, concerned would follow if he is not allowed to pass a particular course at proper time. Shir Sukh Dutt vs. State of Himachal Pradesh, Simla and others, 1977(2) S.L.R. 433.

3. Power to recall police officer sent for upper school training course. The scheme of Rule 13.10 shows that once an officer is so selected , he acquires a statutory right to take that course because passing of that course is apre-requisit for future promotion to the rank of Sub-Inspector. It is evident that petitioner’s future chances for future promotions cannot be improved if he is not allowed to pass the course to which he is sent of training. The fact that the Departmental Promotion Committee has selected him for the said training, and the further fact that pursuant to the said selection he is actually sent to the college for the said purpose, fully qualify the petitioner to take the course and vest in him a statutory right which cab ne defeated only by a procedure contemplated by law ( which includes Rules).

The taking of the course in question is specifically provided in rule 13. 10 which is substitute by Himchal P)radish Amendment Rules 1976, and so , the ratio of the above decision s applies to this case with greater force, in view of the fact that the petitioner, after being selected for the course, has been actually sent to the college for above referred to should e read in light of the provisions contained in Himachal Predesh Rules 13.10 of the amended Rules which do not give an unqualified right to an Assistant Sub-Inspector to be sent for training because the provisions of sub-rule (2) prescribe the rules of eligiblity for admission to the promotion course in question.

4. Promotion fell due before amendment and when juniors promoted. There is no provision in the said Rule that an Assistant Sub-Inspector should pass the Upper School Course before he can be considered for promotion as Sub-Inspector. The rule was amended on March 9,1972, and thereafter it has been provided that an Assistant Sub-Inspector should pass the promotion Course before he can considered for promotion as Sub-Inspector. From a reading of the Rule is further evident that the passing for Upper School Course has been made compulsory for promotion only after the amendment of the Rule. Kishori Lal A.S.I vs. The Inspector General Of Police Punjab and others, 1981 (1) S.L.R. 650.

5. Reversion of officiating Police Officer. A police officer whose name has been removed form list ‘E’ cab back to that list if his subsequent work or conduct of outstanding merit come justifies the same. Just as he initially comes on that list, similarly, after removal of his name from that list, he cab again come back to it provided his work or conduct is of outstanding merit and justifies the same. There is thus no permanent or prolonged bar to his coming back to the lists, the only condition being outstanding merit of work or conduct. If, after his name has been removed from list ‘E’ he improves himself and shows outstanding merit in his work and conduct, obviously his name may be restored to that list by the order of the Deputy Inspector General. So removal of such an officers name form list ‘E’ does not debar him from future promotion, nor does it indefinitely postpone his chances of future promotion, because once the Deputy Inspector-General finds that his subsequent work or conduct is of outstanding merit , he has the power to restore him back to list ‘E’ and thus place him in the line for promotion. If removal from list ‘E’ was a permanent feature which debarred such an officer form promotion in future or debarred his chances of future promotion indefinitely then that would be a penal consequences that would accompany reversion, if it follows with reversion, but this, as pointed out, is not so Rule 13.10 and 13.12, specifically provide for removal of the name of the police officer form list ‘E’ for cause and restoration of the same to that list in recognition of subsequent work or conduct of outstanding merit of such an officer. So removal form list ‘E’ is not a permanent feature. It by itself does not debar future promotion nor does it defer chances future promotion indefinitely. It is left in such a case to the officer concerned to merit his being placed back in the list. The poison of such an officer is no different form an officer who has not yet come on list ‘E’ both are in exactly the same situation. Either will have to show outstanding merit in his work and conduct to deserve to come on that list and either will come on that list when he satisfies that test. It is this consideration of these rules which leads to the conclusion that removal of the name of an Assistant Sub-Inspector of Police from list ‘E’ which removal is always form cause as given in the rules, does not per se debar him from future promotion indefinitely defer his chances of future promotion. He alone is responsible for marring his chances of future promotion, if he does not shoe outstanding merit in his work and conduct. State of Haryana vs. Mulkh Raj, A.S.I of Police, 1970 S.L.R. 323.

13.11 Publication of List E in the Police Gazette. -- List E of each range shall be published annually in the police Gazette. Additions to the list may be made at any time by Deputy Inspectors- General but all such additions and the removal of all names under sub-rule 13.12.(2) shall be published in the Gazette by special notification. Names shall be entered in the list in order according to the date of admission, length of police service deciding the relative position of Assistant Sub-Inspectors admitted on the same date.

13.12. Method of filling temporary vacancies in the rank of Sub-Inspector—(1) In the filling

temporary vacancies in the rank of Sub-Inspector the object shall be to test all men on list E as full as possible in independent charges. The order in which names occur in the list should be disregarded, the opportunities of officiating in the higher rank being distributed as evenly as possible. An Assistant Sub-Inspector officiating as a Sub-Inspector should ordinarily continue so to officiate for the duration of the vacancy, and should not be reverted merely because another Assistant Sub-Inspector senior to him is not officiating. This principle may, however, be modified if in any case its observance would result in of thoroughly competent man being deprived by a man markedly his junior of an officiating appointment of more than 8 month’s duration.

(3) The conduct and efficiency of men on lists D and E shall be at all times watched with special care. Any officer, who , whether in his substantive rank or while officiating as an Assistant Sub-Inspector or Sub-Inspector is guilty of grave misconduct of a nature reflecting upon his character or fitness for responsibility, or who shows wither by specific acts or by his record as a whole, that he is unfit for promotion to higher rank shall be reported to the Deputy Inspector-General for removal form list D or E, as the case may be. In interpreting this rule discrimination shall be shown between faults which are capable of elimination by 8experience and further training, and those which indicate definite incompetence and defects of character. Officers Whose names have been removed form either list D or list E may be restored by order of the Deputy Inspector-General in recognition of subsequent work or conduct of outstanding merit.

SYNOPSIS

1. Promotion to temporary vacancy of Sub-Inspector of Police.

COMMENTS

1. Promotion to temporary vacancy of Sub-Inspector or Inspector of Police. It needs no argument to see that the plain language of the rule above said provides that seniority is indeed as insignificant, if not, an irrelevant consideration for filling of temporary vacancies in the rank of Sub-Inspector. That applies mutates mutandis to the case of officiating Inspectors as well by virtue of rule 13.16 (2) The primary and the declared objective for filling these temporary vacancies is manifestly to afford an opportunity for testing all eligible men on list ‘E’ as fully as possible by allowing them to hold independent charges. That the order in which the names occur in list ‘E’ should be disregarded and the plum of officiating in the higher rank should be distributed as evently and as equally as possible to the persons existing on the list. As if to put the matter beyond doubt, the rule lays down that a junior Assistant Sub-Inspector should ordinarily continue to officiate for the duration of a vacancy to which he is appointed irrespective of the fact that persons senior to him are kept out of such similar officiating posts. To our mind, there is no manner of doubt that the underlying principle of rule 13.12 (1) and as a consequence of rule 13.16 (2) is that promotion to the temporary vacancies of Sub-Inspector are not hide bound by seniority but by the overriding consideration of affording equal opportunities to all eligible candidates on lists ‘E’ and ‘F’ for holding an independent charge in the higher rank and to test there mettle in these posts. That being the position in law, it is apparent that the reversion of the petitioners to his substantive rank of Sub-Inspector can not and does not in the least adversely affect his seniority. The respondent-State is categorical in admitting the seniority of the petitioner qua respondents Nos. 3, 5 and 6in the substantive rank of Sub-Inspector. Gurcharn singh vs. State of Punjab 1974 (1) S.L.R. 62.

13.13. Control by Deputy Inspectors-General --. Apart form the special requirements of the foregoing rules regarding the confirmation or revision of orders, Deputy Inspector –General are required to pay special attention at their inspections to the working of list A, B, C and D by Superintendents; they have authority to remove any name which they consider has been improperly admitted, and to give such orders as may be expedient in respect fo the methods of selection and the tests applied.

13.14. Promotion to and in the selection grades of sub-Inspectors- (1) Promotion to the various selection grades of Sub-Inspectors shall be made by Superintendents of Police and the Assistant Superintendent, Government Railway Police as vacancies in the sanctioned establishment of such appointments occur in accordance with the principle laid down in rule 13. 1

(2) No Sub-Inspector shall be considered eligible for promotion to a selection grade unless he has at least eight years approved service as an upper subordinate, of which at least five shall have been in the rank of Sub-Inspector, and unless he is thoroughly efficient and competent to hold charge of a police station of first class importance. No Sub-Inspector who has been punished by reduction, stoppage of increment or forfeiture of approved service for increments, shall be eligible for promotion of a selection grade. Exemptions to this rule may be made only with the sanction of the Inspector-General in recognition of distinguished service and exemplary conduct.

(4) Sub-Inspector promoted to the 4^th selection grade shall be on probation for one year

and may be reverted without formal departmental proceedings during or on the expiry of the period of their probation if they fail to maintain an exemplary standard of conduct and efficiency.

13.15. List F—Promotion to Inspectors.—(1) Recommendation on behalf of Sergents and Sub-Inspectors Considered fit for promotion to the rank of Inspector shall be submitted with their annual confidential reports on the 15^th April each year to Deputy Inspectors- General by Superintendents of Police in Form 13.15 (1). Recommendation son behalf of Sergeants and Sub-Inspectors employed in the Government Railway police will be sent direct to the Inspector General of Police by the Assistant Inspector –General Government Railway Police, in the same form and not later than October each year. The Deputy Inspector-General shall decide, after seeing the officers recommended, and in consideration of their records, and his own knowledge of them, whether to endorse the recommendations of Superintendents of Police and forwarded them to the “Inspector-General. He will keep a copy of any recommendation so forwarded in the personal file of the officer; if he decided not to endorse a recommendations , he shall retain the original in the officer’s personal file and send a copy of his own order on it to the Superintendent concerned. Deputy Inspector-General shall finally submit recommendations to the Inspector-General as soon as they are satisfied as to the fitness of officer recommended, but in no case later than October each year.

(2) Such of the officers recommended as the Inspector-General may consider suitable shall

be admitted to promotion list ‘F’ ( form 13.15 (2) ) which will , however, not be published. Deputy Inspector-General shall in turn inform the Superintendents concerned, of the names of those who have been admitted to the list; similar information will be sent to the Assistant Inspector-General, Government Railway Police.

The Original personal files of Sub-Inspectors admitted to the list shall be transferred to the Inspector-General after duplicated have been prepared for retention in the office of the Deputy Inspector-General or the Assistant Inspector General Government Railway Police, as required by rule 13.38 (1). Copies of all subsequent annual confidential reports prepared in form 13.17 in respect both of Sergeants and sub-Inspectors admitted toe h list will on return by the Inspector-General in accordance with rule 13.17 (1) be recorded by Deputy Inspectors- General or the Assistant Inspector-General Railway Police, with the duplicate personal files of the officer concerned. Copies of all entries ordered to be made in personal files other than annual confidential reports will be forwarded to the Inspector-General as soon as made for record with the original personal files; all such copies shall be attested by the Deputy Inspector-General or the Assistant Inspector-General, Government Railway Police, Personally.

(3). When submitting recommendations for the entry of fresh names in List F Deputy Inspectors-General and the Assistant Inspector-General Government Railway Police, will at the same time submit specific recommendation s( which need not be accompanied by detailed confidential reports ) as to the retention or removal of officers already admitted to the list. On receipt of these recommendation s, the Inspector General will review the Provincial List, and pass orders regarding the retention or exclusion of names, at the same time communicating his decision to the Deputy Inspector-General and the Assistant-General Government Railway Police.

(4). Sub-Inspectors admitted to List ‘F’ will be placed in that list in order according to

their date of permanent promotion to selection grade and, if the date of permanent promotion to selection grade is the same in the case of two or more Sub-Inspectors admitted a list ‘F’ on one and the same date, then according to date of permanent promotion to the time-scale. Sergeants will be shown in list ‘F’ according to the date of entry in the list. When, however to or more Sergeants are admitted to list ‘F’ on the same date, their names will be shown in order of seniority among themselves.

SYNOPSIS

1. Competitive test is not permissible under the rules

2. Promotion.

3. Relaxation of rules.

4. Rules prescribed two stages for selection.

COMMENTS

1. Competitive test is not permissible under the rules. The question whether a competitive test could be prescribed for a substantive promotion of a Sub-Inspector by including his name in List ‘F’ was specifically considered and answered in negative . This decision has, therefore, to be respectfully considered in deciding the first contention of the petitioner. It is not possible to control out the first contention of the petitioner in view of this decision. It may , therefore, be held or assumed that in 1965 the petitioner should not have been subjected to competitive test for a substantive promotion. His cause of action to make a grievance therefore arose in 1965 itself. He did not avail himself of the remedy of a writ petition to get that grievance redressed upto 1971. In the mean while the rights of innocent third parties intervened inasmuch as other persons have been promoted from the rank of a Sub-Inspector to the rank of an Inspector after being included in List ‘F’ These persons are not parties to this writ petition. If the petitioner is to be now considered for promotion of the basis of his eligibility in 1965 and is to be promoted as in 1965, his promotion would inevitably effect the seniority of some other persons. In view of the delay in attacking the validity of the test held in 1965,as also the injustice that would be involved in redressing that grievance now, the petitioner cannot be granted the relief of being entitled to be considered for inclusion in List ‘F’ on the basis of his eligibility in 1965. Mangal Dass vs. Lt. Governor and ors., 1974(2) S.L.R. 661.

2. Promotion. Deputy Inspector General of police, Border Range, Amritsar, has, inter alia, vide orders dated March 25, 1991 found that ‘the reporting officer had recorded these adverse remarks due to misunderstanding with biased mind. He has further found that the adverse remarks were expunged. In view of this changed position, it would be incumbent upon the respondents to consider the petitioner’s claim for being brought up on list F with effect from march 8, 1989 when the names of his juniors were included’ in the said list. Harminder Singh vs. State of Punjab, 1991(2) RSJ 217.

3. Relaxation of rules. The departmental candidate when he was taken into service was found fit with regard to height and chest both. As regards height it was relaxed in the case of these two petitioners. They cannot be disqualified on that ground now when they seek promotion through the avenue of a competitive examination to the post of sub-inspectors. Once the authorities relaxed the standard of minimum height and enlisted the petitioners as constables in the Delhi Police this relaxation will hold good as long as they remain in the Delhi Police. It would be absurd to hold that the petitioners through the channel of promotion can go up to the post of a sub-inspector , though having a height of less than 170 cms, but for the channel of competition they are disqualified. Such an interpretation is not only absurd but also unjust. The initial relaxation was validly given under R. 12.15 of the Police Rules. This relaxation the petitioners can carry with them for appointment to the post of Sub-Inspector, whether as a result of competitive examination or by way of promotion. For these reasons I held that the petitioner’s disqualification on the ground of minimum height is invalid. They will be entitled to appear at the personality test. The parties are left to bear their own costs. Sunder Devi vs. Union of India and others, 1983(2) S.L.R. 487.

4. Rules prescribed tow stages for selection. Rule 13.15 contemplates two stages of selecting, namely-(1) selection by the D.IG. who then makes recommendations to the I.G. undre rule 13.15(1) , and (2) the final selection by the I.G. from those recommended by the D.I.G. under rule 13.15(2). If there are more than one D.I.Gs. working under an I.G. according to the distribution of the work, some of the candidates may be working under one and other candidates may be working under another D.I.G. The procedure adopted in constituting the Selection Committee consisting of the I.G. and the two D.I.Gs. seems to combined the two stages described above. In this Selection Committee the D.I.G. under whom the particular candidate is working would be “seeing” the candidate within the meaning of rule 13.15(1). There is a presumption that official acts are done according to the procedure laid down in rule 13.15. Unless, therefore the petitioner alleges that the other D.I.G. under whom he was not working interviewed the petitioner, the presumption would be that it is only the D.I.G. under whom the petitioner was working did above interview of the petitioner. Certainly, at the time of the interview the other D.I.G has seen and recommended a candidate, the I.G. there and then decided whether to accept the said recommendation or not. The procedure of selection committee was thus more expeditious than the procedure, which would ordinarily have been followed under rule 13.15. If such quicker administrative procedural efficient is secured, it is not for the court to strike it down by insisting of the less efficient procedure. The rest which will govern interference by the Courts whether rule 13.15 was compiled with substantially or not. Since the functions of D.G. and the I.G. have not been alleged to be performed Otherwise than as they are required to be done under rule 13.15 it cannot be said that the said rule is violated merely because these functions are performed immediately one after the other by these officers meeting together. Mangat Dass vs. lt. Governor and ors., 1974(2) S.L.R. 661

13.16. Promotion to the rank of Inspector.—(1) Substantive vacancies in the rank of Inspector, save those which are specially designated for the appointment of probationers shall be filled by promotion of officers from list F selected according to the principles laid down in rule 13.1. Sergeants are eligible for promotion in the appointments reserved for European Inspectors.

(2) Temporary vacancies in the rank of Inspector shall be filled by the officiating promotion of officers on F list by the authorities empowered by rule 13.4 to make the appointment. Such officiating promotions shall be made in accordance with the principles laid down in sub-rule 13.12(1) in the case of E list, and the second part of that rule shall, mutatis mutandis, govern the scrutiny of the work of list F offers and the removal from that list of the names of those who are found unfit for the rank inspector.

(3)No officer whose name is not on F list shall be appointed to officiate as Inspector without the special sanction of the Inspector-General, When no officer on list is available in the range for a vacancy which the Deputy Inspector-General is required to fill, application shall be made to the Inspector-General to appoint a man from another range.

13.17 Annual Confidential Reports. – (1) Superintendent shall prepare and submit annually to the Deputy Inspector-General, after obtaining the District Magistrate’s remarks thereon, reports in form 13.17 on the working of all Upper Subordinates serving under them. These reports shall be submitted to reach the Deputy Inspector General on or before 15^th April.

Deputy Inspector-General and Assistant Inspector-General, Government Railway Police, will add their own remarks and retain reports on Assistant Sub Inspectors and Sub-Inspector who are not on list ‘F’ in their own offices. Reports on all Inspectors, Sub-Inspectors on list ‘F’ and Sergeants will be forwarded by Deputy Inspectors General and Assistant Inspector General, Government Railway Police, so as to reach the Inspector General on or before the 15^th May. In the cases of Indian Inspectors of the General Line, Sub-Inspectors on list ‘F’ and all Sergeants, Deputy Inspectors General and Assistant Inspector General, Government Railway Police, will attach with each report so submitted a duplicate copy thereof. Any remarks recorded by the Inspector General on the original report will be copied in his office on the duplicate prior to the return of the latter report for record with the duplicate personal file maintained in accordance with rule 12-38(1).

(2) Reports shall be of three kinds, A, B and C, and shall be marked as such :-

A reports. – Reports in which for special reasons it is recommended that promotion be given irrespective of seniority.

B reports. – Reports in which is recommended that promotion be given in the ordinary course of seniority.

C reports. – Reports in which it is recommended that the officer be passed over for promotion or that the taking of departmental action on general grounds of inefficiency or unsatisfactory conduct be considered.

In ‘A’ and ‘C’ reports detailed reasons must be given for the recommendations made.

The purport of all ‘C’ reports shall be communicated to the officer concerned at a personal interview or, if this is not possible, in writing. Written acknowledgements shall be taken and attached to their personal files. In communicating such reports, the instructions contained in paragraph 7 of Punjab Government Consolidated Circular No. 1, shall be followed. Ordinary, the submission of two successive ‘C’ reports regarding an officer will result automatically in the institution of departmental proceedings against him on such charge as the contents of the reports may justify.

(3) Superintendent shall submit annually to the Deputy Inspector General by the 15^th April, confidential reports in form 13-17 on the working of all Gazetted Officers serving under them. Deputy Inspector-General will add their own remarks and forward the reports to reach the Inspector-General, on or before the 15^th May.

The gist of adverse reports shall be communicated in writing to the officers concerned subject to the conditions specified in paragraph 7 of Punjab Government Consolidated Circular No. 1 and their acknowledgement shall be taken and attached to their personal files.

(4) The names and designation of the officers writing reports shall invariably be typed or written in block letters below their signatures.

(5) Reporting officers shall comment generally on the way in which the officer has carried out his various duties during the year and shall give an estimate of his personality, character and abilities, including detective powers and ability to conduct prosecutions. The report shall contain an opinion on any point specially required at any particular time, e.g., fitness to pass an efficiency bar. Particular mention shall be made of the officer’s relations with his fellow officers and general public and his honesty.

SYNOPSIS

1. Confidential report.

2. Recording of adverse remarks in the annual confidential report – Representation against.

3. Reservation of posts – Seats reserved for Women Constables in Patiala district – Denial of similar benefit in other district.

COMMENTS

1. Confidential reports. It is quite clear that an officer, who has seen the working of his subordinate at least for a period of three months, could only record remarks in the annual confidential report. Annexure P.8, which contains adverse remarks communicated to the petitioner, are for the period July 4, 1987 to February 29, 1988. During this period the petitioner was working with the CBI, which fact is not disputed in the written statement filed on behalf on the State of Punjab. It is quite clear that Shri A.P. Panday, who was then working as Senior Superintendent of Police, has occasion the see the working of the petitioner, and as per instructions aforesaid he was not required to record any remarks in the annual confidential report for the said period. The stand taken up in the written statement by the State, in response to the allegations made in the petition in para 20, is that the annual confidential report was recorded in accordance with the Departmental instructions and the Civil Service Rules. During the course of arguments no other instructions or Civil Service Rules have been pointed out to justify the recording of adverse remarks in the annual confidential report of the petitioner of the relevant period, as noticed abvoe by Shri Pandey. Raj Kumar vs. State of Punjab and others, 1992(2) S.L.R. 424 = 1950 – 1988 RSJ(1) 311

2. Recording of adverse remarks in the annual confidential report – Representation against. No doubt, recording of annual confidential remarks is an administrative work of the State, and while disposing of appeal filed against such remarks, detailed reasons need not have been recorded as the appellate authority was dismissing the representation. However, when the petitioner had challenged the jurisdiction of the officer to make adverse remarks and had referred to the rules and instructions in his representation (Annexure P.9), it was expected of the authority to deal with such a point, while rejecting the representation. In such circumstances the order simply rejecting the representation was not called for. The order Annexure P.10, thus, cannot be sustained in law. Raj Kumar vs. State of Punjab and others, 1992(2) S.L.R. 424

3. Reservation of posts - - Seats reserved for Women Constables in Patiala district – Denial of similar benefit in other district. A reference was made to the previous instructions dated December 27, 1984 on the subject of promotion system for Women Police. In Para 2, the existing position to fill up vacancies in Women Police Force was examined in view of the fact that general relaxation was accorded, to enable the women to compete in the test along with the Women Constables only instead with their male counterparts. After making reference to rule 13-21, it was observed, it was considered necessary to accord relaxation for a period of one year more as members of the Women Police have not been able to compete with their male counterparts and further to undergo Lower School Course to merit their selection in B.I. test to occupy their vacancies in various ranks. Thus, instructions were given to make earnest efforts for filling up the posts of Women Head Constables (N.G.Os.) and Inspectors at the earliest. These instructions were so considered and seats were reserved in the district of Patiala which fact is admitted in the written statement. If similar treatment is not allowed to Lady Constable in other districts, there would be straightaway discrimination. The contention of the learned counsel appearing on behalf of the respondents that from Ferozepore Range, there was no demand for reservation of seats for Lady Head Constables and thus no such seats were reserved by the Director General of Police while doing so in the case of Patiala as demand was raised is no justification in law. Kashmir Kaur vs. Director General of Police, Punjab and another, 1989(5) S.L.R. 79

13-18. Probationary period of promotion. – All Police Officers promoted in rank shall be on probation for two years, provided that the appointing authority may, by a special order in each case, permit period of officiating service to count towards the period of probation. On the conclusion of the probationary period a report shall be rendered to the authority empowered to confirm the promotion who shall either confirm the officer or revert him. In no case shall the period of probation be extended beyond two years and the confirming authority must arrive at a definite decision with in a reasonable time soon after the expiry of that period whether the officer should be confirmed or reverted. While on probation officers may be reverted without departmental proceedings. Such reversion shall not be considered reduction for the purpose of rule 16-4.

This rule shall not apply to constables and Sub-Inspectors promoted to the selection grade, whose case is governed by rules 13-5 and 13-14.

SYNOPSIS

1. Bad record of service – Denial to promote justified.

2. Petitioner not selected for upper school course on the basis of executive instructions being overage.

3. Promotion – Confirmation.

4. Promotion to officiate on higher post.

5. Reduction in rank.

6. Reversion to the post of constable without affording an opportunity of being heard.

COMMENTS

1. Bad record of service – Denial to promote justified. The other plea raised by the petitioner is that there was no justification for continuing him as an unconfirmed Inspector of Police for a period of fourteen years. The petitioner has stated that the likely reason for depriving him to the right of promotion to the post of Dy. S.P. was that a departmental enquiry was pending against him in which, however, he was fully exonerated by the S.P. Solan vide No. 1955-60 of July 1, 1976. We have carefully considered this aspect of the matter and feel that the petitioner has not made out any cogent case in his favour on this basis and has only referred to this matter in a very cursory manner. He has neither indicated as to when he was charge-sheeted, what were the charges against him and how this pending departmental enquiry was held to come in his way while considering his case for confirmation as an Inspector and his subsequent promotion as Deputy Superintendent of Police. On the order hand, the Inspector General of Police has categorically stated that the case of the petitioner for confirmation as Inspector of Police was considered in the year 1973, January, 1974, February 1975, and August, 1975 along with other, but the petitioner was not found suitable for confirmation due to hid bad service record. In this words, it was the bad service record and not the departmental inquiry which came in the way of the petitioner and this act has been confirmed by a perusal of the relevant record which has been made available to us. In view of this specific averment by the Inspector General of Police, based on the relevant record, and in the absence of any evidence to the contrary, we are of the definite view that the petitioner is not entitled to any relief on this count. Jamna Devi vs. State and others, 1991(3) S.L.R. 343

2. Petitioner not selected for upper school course on the basis of executive instructions being overage. It is the conceded position that the instructions of the Inspector-General of Police referred to above, were struck down by a Full Bench of this Court in Sardul Singh vs. Inspector General of Police, Punjab and other, 1970 S.L.R. 505. Thus in the light of this judgment it is patent that neither respondents Nos. 3 to 5 could be treated to have passed any equivalent course to the Upper School Course nor respondents No. 6 to 11 could be said to have been duly selected for being sent to the Upper School Course. That being the position the stand of the respondent authorities that these respondents were in any manner eligible to be promoted as Sub-Inspectors from the posts of Head Constables and were eligible to be confirmed as such, becomes untenable. The selection of respondents Nos. 6 to 11 and the equivalence of the course passed by respondents Nos. 3 to 5 being void, the said respondents were as much qualified or disqualified as the petitioner was. Thus the petitioner has every right to be considered for promotion or confirmation along with these respondents who undisputably were junior to him as Head Constables. Ram Singh vs. State of Punjab and others, 1982(1) S.L.R 892

3. Promotion – Confirmation. From the Notification dated 20.2.1963, vide which the petitioner was promoted as an Inspector, it would be clear that the petitioner was promoted in the year 1963 purely on an officiating basis vice Inspector Ranjit Singh No. 1 N/14 of Mahasu when he went on leave preparatory to retirement w.e.f. 27.1.1963. As such, we fully accept the contention of the respondent that the petitioner’s case is actually covered under rule 13-4 of the Police Rules and not under Rule 13-18. In the order of promotion of the petitioner in the year 1962, it has nowhere been stated that he was to be put on two year probation and the petitioner does not seem to have raised this issue at any time before filing this writ petition in the Himachal Pradesh High Court. There is, therefore, no justification whatsoever in contending that his promotion was covered under Rule 13-18 of the Punjab Police Rules or for suggesting that he was on probation for two years and should be deemed to have been automatically confirmed with effect from 17.3.1965. Jamna Devi vs. State and other, 1991(3) S.L.R 343

4. Promotion to officiate on higher post. Name removed from list it was by way of punishment. (1964) 11LR Punjab 84

5. Reduction in rank. Reversion with retrospective effect, during period of probation amounts to punishment only so far as it was retrospective. AIR 1962 H.P. 35

6. Reversion to the post of constable without affording an opportunity of being heard. The provisions of Rule 13-18 of the Police Rules may not in terms apply to the case of the petitioner since he belonged to entirely a different category of police, namely, the Mounted Police for which there is different training as per the provisions of Rule 7 of the Police Rules, yet the principles enunciated therein should apply, As has been held even by the Courts of law, a person having continued on a post for sufficiently long period even of officiating basis should no be reverted therefrom unless he has afforded an opportunity of being heard which admittedly is not the case here, In fact, our own High Court in Hiran Nand vs. State of H.P and others, (1981 1LR (HP Series) page 225) has held that even if a police officer is appointed on officiating basis he shall be deemed to have been on probation for a period of two years in terms of Rule 13.18 and as and when the vacancy occurs even if there is no such vacancy at the time of his initial appointment and after he has completed the stipulated period he shall be deemed to have become permanent thereon. In fact, instances are not lacking wherein the promotions have been made in the Police Department quite in deviation of the Police Rules in branches which require technical or special type of skill and expertise. Parkash Lal vs. Superintendent of Police and others, 1989(7) S.L.R. 571.

13.19. Special promotion to recipients of the President’s Police and Fire Services Medal and the Police Medal – (1) A constable receiving the award of the President’s Police and Fire Services Medal shall be promoted in the first substantive vacancy of head constable which occurs in the district in which he is serving subsequent to the award of the medal being gazetted.

(2) A constable awarded the Police Medal shall, if not already in the selection grade, be promoted to that grade on probation as prescribed in rule 13.5(7).

13.20. Departmental Promotion Committee – In order to ensure that selection and

promotion are made in accordance with the rules, Departmental Promotion Committees shall be set

up at various levels. Such Committees shall arrange to put all eligible persons through a written test and parade. Thereafter those persons who secure the qualifying marks will be interviewed by the said Committee. The Committee will assess the merit of such persons on the basis of their service records as well as performance in the test. The syllabus for various test, qualifying percentage of marks, the composition of Departmental Promotion Committees shall be prescribed by the Inspector-General of Police in the form of a Standing Order.

13.21. Power of relaxation – Where the Inspector-General of Police is of the opinion that it is necessary or expedient so to do, he may, by order for reasons to be recorded in writing relax any of the provisions of this Chapter with respect of any class or category of persons.

SYNOPSIS

1. Requirement as to the recording of reasons.

COMMENTS

1. Requirement a to the recording of reasons. Power entrusted to the Inspector General of Police to relax any of the rules cannot be said to be arbitrary as he is first to form an opinion that it is necessary and expedient so to do and then he has to record reasons in writing for relaxing any of the provisions of Chapter XIII with respect to any class or category of persons. The requirement as to the recording of reasons is a sufficient safeguard against misuse of power under rule 13-21 of Punjab Police Rules, 1934 which is held to be valid. Ram Labhaya, Assistant Sub-Inspector of Police and others vs. The State of Punjab, through the Secretary for Home Affairs, Punjab and others, 1972 S.L.R. 775

FORM No. 13.5(6)

Sheet for maintenance of marking system

_____________________ DISTRICT POLICE DEPARTMENT

Constable No. _______________________________ Name ________________________________

Date of enrolment _________________________________________________________________

A. EDUCATION :-

_________________________________________________________________________________

B. COURSES PASSED :-

(1) _____________________________________

(2) _____________________________________

(3) _____________________________________

(4) _____________________________________

(5) _____________________________________

(6) _____________________________________

C. PROFESSIONAL ABILITY :-

(1) _____________________________________

(2) _____________________________________

(3) _____________________________________

(4) _____________________________________

D. CHARACTER :-

Total ____________________________________

Initials of gazetted officers and date ___________________________

Onerous and responsible duties to which posted

(vide sub-rule 13.5(4))

(1) __________________________________________

(2) __________________________________________

(3) __________________________________________

(4) __________________________________________

(5) __________________________________________

(6) __________________________________________

NOTE – Marks allotted under heads C and D according to the principles described in sub-rule 13.5(3) shall be added to or reduced as occasion arises, each change being initiated and dated by a gazetted officer.

3. After holding charge of a police station for three years a Sub-Inspector shall ordinarily be transferred, either to another police station or to another post in the district. When the District Magistrate and the Superintendent of Police are in agreement that it is clearly in the interest of the public service that a particular Sub-Inspector should continue to hold charge of one police station for a longer period, a recommendation may be made accordingly to the Deputy Inspector-General, who is empowered freely to grant extenstions up to a maximum of five years. The normal period of posting to a police station in the case of assistant sub-inspectors is also three years but this period may be extended to a maximum of five by the Superintendent of Police on similar grounds as in the case of Sub-Inspectors.

4. Whenever an Inspector, Sergeant, Sub-Inspector or Assistant Sub-Inspector relinquishes or assumes charge of an appointment the Superintendent of the district concerned shall, as soon as possible, submit a report to the Inspector-General or Deputy Inspector-General as the case may be, in Form 14.15(4). This order does not apply to changes within the district.

5. No police officer against whom criminal proceedings have been instituted shall be transferred to another district until the final order is passed in respect of such proceedings.

6. Deputy Inspectors-General may, by mutual agreement, arrange the exchange of Sub-Inspectors of the same ranks.

SYNOPSIS

1. Transfer of Police Officer during pendency of Criminal Proceedings.

COMMENTS

1. Transfer of Police Officer during pendency of Criminal Proceedings. Not disputed that at the instance of Smt. Vidya Wanti, who is living in the house adjoining that belonging to the petitioner, some criminal proceedings have been instituted against the petitioner, which were under investigation at the time of order of transfer and which are still pending. The respondents’ answer to the challenge made by the petitioner is three-fold. It has firstly been submitted that the offence for which the petitioner has been hauled up in a criminal case is alleged to have been committed by him in his private capacity and the same not having been committed by him in the discharge of his official duties, the provision of the above-mentioned rule is not applicable in his case. The rule in question appears to have been couched in general language and I am unable to interpret in the restricted sense in which the respondents want me to do. It has secondly been contended that the transfer of the petitioner to Hissar was not on account of the criminal case, but on account of persistent complaints against him, to some of which reference has been made in the supplementary affidavit of the Deputy Inspector-General of Police, Ambala Range. Once again the prohibition in the above quoted rule is not to trnasfer on account of some criminal case instituted against a police officer, but to the transfer itself during the pendency of any criminal proceeding, which might have been instituted against a police officer, until a final order is passed in respect of those proceedings. It is admitted that no final order in respect of the criminal proceedings has so far been passed. I am, therefore, unable to give any of the second objection of the respondents. The third and the last objection to the petitioner’s complaint is that he was serving in his home district which was not normally allowed. Though no replication, in reply to the written statement in which this objection has been taken, has been filed by the petitioner, it has firstly been contended to Mr. Jagjit Singh Chawla, the learned counsel for the petitioner, that if the original relevant records are called for it would become clear that the home district of the petitioner is Karnal (the particular town being Panjpat) and not Ambala. Be that as it may, the learned State Counsel has not been able to show me the particulars rule which contains an absolute prohibition to a police official being posted in his home district. I particularly wanted to have a look at the rule to satisfy myself whether the bar, if any is to the posting of a police official in his home district or only in his home town. Moreover the greatest difficulty which I feel in this case is that even if some police official has been posted, contrary to such a rule, in his home district, such a thing would not have been any justification for avoiding the effect of the mandatory of rule 14.15(5) as no exception has been engrafted on that rule to the effect that it would not apply to a case where some police official has been posted against him in contravention of any particular rule. That being the case, I can filed no way out to avoid granting this writ petitioner, though I have no sympathy with the petitioner on the facts of the case. Moreover there is nothing in the above said rule prohibiting the petitioner being posted to any remote corner within the district of Ambala, and it for the authorities concerned to pass appropriate orders in accordance with law. All that I hold is that the order transferring the petitioner out of Ambala Distric during the pendency of criminal proceedings instituted against him in violation of rule 14.15(5) of the Punjab Police Rules cannot be sustained. Madan Mohan Lal, Head Constable vs. The State of Haryana, through I.G. Police, Haryana, Chandigarh and others, 1968 S.L.R. 501.

14.16 Postings, transfer, rotation of, within districts.—(1) A register of postings of all enrolled police officers shall be maintained in English in each district in Form 14.16(1).

2. Standing orders shall be issued in each district regarding the rotation of duty to be observed in the case of lower subordinates.

3. Ordinarily the following of duty will be observed:-

a) General duty in Lines and standing guards.

b) Duty in municipal towns and cantonments.

c) Duty at police stations and posts station shall be three years. The normal period of posting at a police station shall be three years.

14.17. Medical Certificate.—(1) The rules relating to the grant of medical certificates by medical officers to Government servants are contained in Appendix XXVIII of the Punjab Medical Manual.

2. Police officers on leave who, while at a station other than that from which they proceeded on leave, are desireous of obtaining an extension of leave on medical certificate should apply to the Civil Surgeon of the district in which they happen to be. In every such case it shall be the duty of the medical officer, before he grants a certificate to ascertain direct from the head of the applicant’s department or office particulars regarding the applicant’s previous medical history, as well as whether he is really on leave, and the district to which he belongs, and the fact that has beer done shall be mentioned in the medical certificate. Pending this enquiry the applicant will be placed on the sick list. (Rule VII of Appendix XXVIII to the Punjab Medical Manual).

3. Medical officer are prohbibited from granting certificates recommending transfers of police officers from one station to another on the ground of ill-health, or unsuitability of climate. Should the immediate superior officer of any applicant for a remintal to the applicant’s health, or beneficial as compared with another locality, the information may be furnished, but separetely from the certificate. (Rule XIV of Appendix XXVIII of the Punjab Medical Manual).

4. Whenever particulars of a police officer’s illness are required in the interest of Government by his offiicial superiors, the Government medical officer who has dealt with his case in his official capacity may be required to supply them without infringing the relations which ordinarily exist between a patient and his medical advisor. This procedure, however, should rarely be necessary, and ordinarily the medical statement of his case should be demanded from the police officer himself, who can obtain it from his medical attendent in the way in which the somewhat analogous statements, required to support an application for leave on medical certificate, are obtained. (Rule XVI of appendix XXVIII of the Punjab Medical Manual).

5. Medical officers are required to confine themselves to recommending leave to such policemen as are not likely to benefit by a further stay in hospital and should not certify that a policemen is incapacitated for further service unless they are officially requested to report upon his capacity for further service. (Article 450, Civil Service Regulations).

’14.18 Duty Slips.-- A vernacular duty slip in Form 14.18 shall be maintained by every enrolled police officer who shall be personally responsible that all transfers involving a change of duty, all leave (including casual leave) and all duties involving an absence of 24 hours or more from lines are duly entered in such slip and initialled by the Lines officer, the officer in charge of the police station or clerk head constable.

14.19 Orderlies.-- (1) The Inspector-General shall be entitled to two orderlies, one of whom may be Head-Constable. A Deputy Inspector-General shall be entitled to two Constable orderlies.

A Superintendent, an Assistant Superintendent, a Deputy Superintendent and an Inspector are entitled to one Constable orderly each.

2. Except with the permission of the Inspector-General, lower subordinates shall not be employed as personal orderlies for more than three years at a time, and shall revert to other duties for three years at a time and shall revert to other duties for three years before being again so employed.

3. The transfer of orderlies from district to district is prohibited without the sanction of the Inspector-General of Police.

Officers deputed for this purpose shall not be below the rank of Assistant Sub-Inspector.

14.20 Subordiantes not a follow their superiors from district to district.-- No police officer shall be transferred with his superior from one district to another. Deputy Inspector-General are required to pay attention to the due observance of the spirit as well as the letter of this orders, and to check any tendency for favourite subordinates to resign and re-enrol themselves in the district to which a particular superior officer has been transferred.

14.21 Powers to enter jails.—(1) Gazetted police officers may enter jails at any time for any purpose connected with the discharge of their duty.

2. Subordiante police officers may enter jails only for the purpose of conducting operations for the identification of prisoners.

When entering jails such officers shall be in proper uniform.

3. No police officer is allowed to interrogate a prisoner without an order in writing from the District Magistrate addressed to the Superintendent of the Jail.

14.22 Privately-owned fire-arms (1) Police officers below the rank of Sub-Inspector should not ordinarily by recommended for licences to posses private fire-arms:-

Provided that officers below such rank, who may be of superior social status in their private capacity or who may possess considerable landed property, may be so recommended.

2. The use of privately-owned arms on duty by non-gazetted police officers is forbidden. (See also rule 6.34).

14.23 Control over property held or acquired by police officers.—(1) Subject to the conditions which follow, any police officer may posses or acquired land and other property. This includes a mortgage of a permanent nature (Punjab Government Endorsement No. 4111/1276-S.G.36/24033, dated the 5^th August, 1936):-

a) Every police officer of rank above that of constable shall report to the Superintendent full particulars in universal form 76-A regarding any immovable property in India held by him or by his wife, or wives, sons, father, brothers or nephews, at the time of first appointment to such rank, or which he, or the said members of his family, may subsequently acquire. Any interest held by the police officer in a joint Hindu Family should also be shown by him in the declaration. Particulars in regard to family holdings need not be recorded in the declaration form but should be indicated separately.

In January of each year every police officer of rank above that of Constable shall write up a fresh declaration from giving particulars of any additions or alterations in the immovable property held by him or by the members of his family referred to above, during the previous year; or, if there have been no such additions or alterations, he shall record a certificate to that effect.

Gazetted officers shall on first appointment and in subsequent years, send their declaration forms through Superintendents of Police to the Deputy Inspector-General who shall attach them with the annual Confidential Report on each officer and forward both documents to the Inspector-General so as to reach him by the 15^th February. The Inspector-General will forward the declaration forms to Government for information and, on their return, will attach them to the personal files of officers concerned.

NOTE: The previous sanction of the Inspector-General of Police should be obtained, through the usual channel in all cases of the acquisition or disposal, wholly or partially, of immovable property by Police Officers, whether for residential or other purpose.

b) When a police officer is allowed to purchase or to take a mortgage on land situated in the district in which he is serving he shall be transferred to another district.

c) Police officers serving in canal colonies are prohibited from acquiring land either by tender or auction in the area in which they are employed.

(2) As regards possessions, other than landed property, Government reserves to itself the right to demand form any police officer, should the public interests require that such a demand should be made, an account o investments made or movable property acquired by him or by any of the near relatives specified in condition (1) (a) above.

(3) A record shall be kept, confidentially, in the personal files of all officers of and above the rank of Assistant, Sub-Inspector, showing the extent and nature of the sources of income of each officer in addition of his pay. This record is maintained into the interests of officers themselves and it is important that they should ensure its correctness by reporting all such sources of income, and all additions as acquired, confidentially, to the Superintendent of Police under whom they are serving.

(4) All information supplied b police officers regarding movable or immovable property held or acquired by them, or by their relatives, will be treated as strictly confidential.

14.24. Orders regarding the collection of supplies.—(1) The police are, as a general rule, forbidden to collect carriage or supplies and shall ordinarily confine their action in such matters to pointing out to the applicant where he can obtain what he requires.

(2) The acceptance of presents, free carriage, or entertainment from subordinates, is strictly forbidden. Both superior and subordinate officers must understand that this rule is dictated by the necessity of allowing no custom to exist which may lead to abuses or be liable to misrepresentation, and that these considerations must override purely personal ones, however, laudable or natural the latter may be.

(3) Touring officers are required to be scrupulous in ensuring by personal attention that all expenses incurred in connection with their tours are paid for, and their payment reaches those to whom it is due. Attention must be paid in this respect not only to the proper payment for supplies required by the officer himself, but to the debts incurred by servants and tour establishment generally. Whenever possible all supplies should be obtained through the contractor appointed by Government of the purpose; when there is no such contractor and supplies have to be collected through lambardars, particular care shall be taken that payments are properly made and distributed.

(4) A part from the specific examples dealt with in sub-rules (1) and (2) above, police officers of all ranks are strictly enjoined to refrain from placing themselves under any sort of obligation either to a subordinate or to any member of the public, who is or is likely to be within their official jurisdiction, or with whom they are liable to have official relations.

(5) The collection or purchase of supplies, whether on tour or in headquarters, through subordinates of the police, or any other Government department, is strictly prohibited. No police officer shall employ a Government servant in any private matter in which the receipt or expenditure of money in the transaction or bargain is involved.

SYNOPSIS

1. Disciplinary proceedings.

COMMENTS

1. Disciplinary proceedings. Once the proceeding are initiated under a particular set of rules, it is incumbent upon th

authority to conclude those proceedings under those rules. An amendment of the rules during the proceedings does not affect the course of proceedings which have already been initiated. Sub-clause (ix) of rule 16.24(1), as it originally existed, conferred a right on the employee and imposes a duty on the employer. It was not merely procedural. The substantive right to be called and heard was not only in consonance with the principles of natural justice but was statutorily recognised in sub-clause (ix). It was incumbent upon the Director General of Police to have called the petitioner and heard him before passing the impugned. The order is consequently vitiated. Ajmer Singh, A.S.I. vs. State of Haryana and others, 1991(4) S.L.R. 753

14.25- Regarding pecuniary transactions – (1) Police officers are forbidden to have banking transactions on any kind with

accountants in police offices.

2. No police officer shall borrow money from, or become indebted either directly or indirectly, to any other police officer to

any agent, connection, dependent, relation or surety of any other police officer.

Similarly, no police officer shall borrow money from or become indebted to any native of India residing or carrying on business in the district in which such police officer may be serving; provided that this rule shall not apply to ordinary shop debts.

3. No police officer shall, either directly or indirectly, lend money to any other police officer, and all police officers are prohibited from lending money at interest , whether directly or through relatives or other agents, to land holders, with or without security, within the province in which they are employed.

4. Voluntary subscriptions shall not be collected from Head Constables or Constables for any purpose without the sanction of the Inspector-General.

5. Police officer shall report tot heir immediate superiors any case of insolvency or hopeless indebtedness amongst their subordinate.

6. Gazetted officer are forbidden under pain of dismissal form taking loans from or placing themselves under pecuniary obligations to persons subject to their official authority or influence or residing, possessing property, or carrying on business within the local limits within which such gazetted officers are appointed.

SYNOPSIS

1. Collection of amount to meet litigation expenses for a common cause does to amount to misconduct.

COMMENTS

1- Collection of amount to meet litigation expenses for a common cause does not amount to misconduct. Constitution of India secures to all citizens of India, justice, social, economic and political. Judicial setup under the Constitution from Supreme Court to the Subordinate court is to achieve the object enshrined in the Preamble of the Constitution aforesaid. Courts are open to all the citizens. Head Constables and Constables of the police force are also at liberty to approach the Court for securing justice. Sub-rule(4) of Rule 12.25 of the Police Rules if correctly interpreted does not put any embargo on the right of Head Constables and Constables to approach the Court.

Rule 12.25 of the Police Rules provides for different types of misconduct. The recourse tot he legal proceedings can be had by one police constable or more police constables collectively of their grouse is common. If certain collections are made by those aggrieved constables, to meet out the litigation expenses the same would not amount to misconduct under Rule 12.25(4) of the Rules. Such an act, even otherwise does not infringe any law or rule relating to functioning of police force as such. That being the position, the petitioner could not be charge-sheeted for his act of collecting amount of Rs. 50/- each from other constables, to approach the Court for redress of their grievance. Gurmukh Singh, Constable vs. State of Punjab and others, 1991(6) S.L.R 644

14-26. Regarding presents – (1) In accordance with the principle stated in rule 14.24 police officers are prohibited from accepting presents of any description whatever from their subordinates. The giving and receiving of dalis by police officers is absolutely prohibited. The orders of the Punjab Government regarding dalis are contained in paragraphs 11 and 12 of Punjab Government Consolidated Circular 1 as amended up to 1^st March 1928. The acceptance by police officers or members of their families of presents or dalis form non-officials is prohibited by rule 2 of the Government Servants Conduct Rules which states :-

“2. Any Government servant may accept from any Indian a complimentary present of flowers or fruits or similar articles of trifling value, but all Government Servants shall use their best endeavors to discourage the tender of such gifts”.

(2) Enrolled police officers are prohibited from accepting or giving marriage present ( tembol ) except form to immediate neighbours at their homes or relatives.

(3) Police officers are prohibited from accepting the loan of carriages horses, etc., belonging to Indian Chiefs except in cases of emergency.

(4) No Police officers shall attend any farewell entertainment held as a mark of regard for himself on the occasion of his retirement form the service or his departure from a district or station or any other entertainment held in his honour, unless it be of a purely informal and private nature and genuinely confined to personal friends, Sanction to depart from this rule, can be given by the Inspector-General only. ( Punjab Government notification No. 2958-S, dated the 28^th July, 1927 ).

14.27. Extra departmental influence not to be solicited. – (1) Police officers of all ranks are forbidden to approach of other departmental or non-official gentlemen for support individuals claims in the matter of promotions, transfer, punishment and appeals, etc. Promotion are made in accordance with the principle and methods set forth in Chapter XIII. Attempts to influence the minds of promotion officers by applications or recommendations direct or indirect outside the officially prescribed promotion reports, character rolls and personal files will be treated as serious breaches of discipline. Transfer are made in the interest of the service and not for obtaining the modification of orders of transfers can be made through the proper channel and in the manner prescribed by rule 14-6 but, officer may be proceeded against departmental for breaches of discipline if such applications are frivolous or submitted merely to avoid service in unpleasant areas. In the matter of punishments and appeals, the procedure is laid down in Chapter XVI, and any attempt to influence appellate or revision authorities either directly, through superior officers or through outsiders, will be treated as serious breaches of discipline. Police officers are also not permitted to interview the Inspector-General or the Deputy Inspector General regarding their transfers, promotion, punishments, & c., without previously obtaining their sanction through the proper channel.

(2) Police officers are similarly forbidden to approach Members of the Legislatures with a view to having their individual grievances made the subject of interpellation in the Chambers.

(3) The prohibition in sub-rule (1) above includes the acquisition of certificates or letters of recommendation other than certificates granted under rule 15-3 or formal letters addressed to the Superintendent of Police concerned, bringing to his notice specific service rendered to the writer, or under the official cognizance of the writer.

(4) Police officers are strictly prohibited from obtaining interviews with Members or Secretaries to Government without the prior sanction of the Inspector General.

14-28. Regarding speculations. – (1) No police officer shall habitually buy and sell any share stock, scrip, certificates, schedule, coupon, debenture or other security appertaining to public funds or companies whose value notoriously fluctuates from time to time.

(2) No police officer shall take advantage of information received by him as a police officer to speculate in any such funds.

(3) Police officers shall not engage in trade, but may hold shares in mining and other companies having for their object the development of the resources of the country. No police officers, however, shall take part in the management of any such institution without the sanction of the Inspector General, nor shall a police officer who holds a share in any such company be employed in any district in which it carries on its operations.

NOTE. – The Model Town Society, Limited, Lahore, is regarded as a trading concern. While police officers may become members of this or any similar society, they must obtain sanction to serving on the managing committees of such societies in accordance with sub-rule (3) above. (Inspector General’s Endorsement No. 211-S. 24.10.26-A, dated 11^th June, 1929, to all Police Officers).

14-29. Handyside and Saunders – Chanan Singh Memorial Funds. – (1) The Handyside Memorial Fund was founded in memory of the late Mr. E.C. Handyside, C.I.E., O.B.E., late Superintendent of Police and Commandant of the North-West Frontier Constabulary, and is entirely supported by voluntary contributions received from or through, police officers. The fund is administered by a committee composed as follows :-

President … Inspector General of Police

Honorary Secretary … Assistant Inspector General of

Treasurer. … Police, Punjab.

Members … Four Indian Officers, one

Nominated from each range and one

From the railway police and

Criminal Investigation Department combined.

The object of the fund is to provide scholarships for the education of the families of non-gazetted police officers who die or are killed whilst in service leaving their families destitute. The committee, however, has discretion to make a compassionate grant to a widow or family for the purpose of maintenance in any case in which Government relief has been refused.

(2) The Saunders-Chanan Singh Memorial Fund was founded in memory of Mr. J.P. Saunders, Assistant Superintendent of Police, and Chanan Singh, Head Constable, who were assassinated at Lahore in 1928. The fund was raised by public subscriptions and is administered by the same Committee which administers the Handyside Memorial Fund.

The objects of this fund are --

(1) To assist the dependents of officers killed on duty in cases where Government has not made suitable or adequate provision.

(2) To assist by the grant of subsistence allowances the dependents of officers who die in service.

(3) To assist the dependents of police pensioners who die leaving them in indigent circumstances.

14-30. Participation in politics. – (1) No police officer shall take part in or subscribe in aid of any political movement in India or relating to Indian affairs. Where there is room for doubt whether action, which a police officer proposes to take, contravenes this rule the orders of the Inspector General shall be obtained.

(2) A police officer shall not canvass or otherwise interfere or use his influence in connection with, or take part in, any election to Logislative body, but may, if qualified, record his own vote. (No. F-157-27-Public of 15^th August, 1927).

SYNOPSIS

1. A party or organization, which does not involve itself in these questions, cannot be called political.

2. Petitioner found guilty because he attended the mass rally which was held to support the demand of some agitating policemen.

COMMENTS

1. A party or organization, which does not involve itself in these questions, cannot be called political. Under Punjab Police Rule 14-30(1) a police officer is prohibited from taking part in or subscribing in aid of any political movement in India or relating to Indian affairs. The provisions of rule 5(1) of the Central Civil Services (Conduct) Rules are somewhat similar. Under this rule a Government servant is prohibited from being a member of, or associating with, any political party or any organization which takes part in politics in addition to his being prohibited from taking part in a political movement or political activity. But what is politics? It is a word of wide amplitude and it is neither possible nor desirable to define the same. According to Oxford Dictionary this word means : “The science and art of Government; the science dealing with the form, organization, and administration of a State or part of one, and with the regulation of its relatins with other states.” The word “political”, according to this dictionary, means; “of, belonging, or pertaining to the state or body of citizens its government and policy, especially in civil and secular affairs; public, civil, of or pertaining to the science or art of politics”, and according to Webster’s Dictionary the word “politics”, and according to Webster’s Dictionary the word “political” means; “of or relating to government, a government, or the conduct of governmental affairs; of o relating to matters of government as distinguished from matters of law, of, relating to, or concerned with politics; of, relating to, or involved in party politics.” This shows before any party can be said to be a political party or an organization taking part in politics the party or organization should be propagating its views or ideologies in the art or science of government. It may be either supporting the Government of the day or opposing it. A party or organization, which does not involve itself in these questions, cannot be called political. Ajit Singh, Constable vs. Kirpal Singh, D.I.G. Police, Delhi and others, 1972 S.L.R. 768

2. Petitioner found guilty because he attended the mass rally which was held to support the demand of some agitating policemen. The employees from Unions and put up demands. The social and religious organizations on occasions also make certain demands from the government. By no stretch of imagination they become political parties. The demand of implementing recommendations of Khosla Commissions, withdrawal of Court cases pending against Delhi policemen, removal of victimization and removal of restrictions on recruitment to Delhi Police, are not demands of a political nature. These demands are only to alleviated the sufferings of the Delhi Policemen. Be that as it may, before the petitioner could fall under the said Rules, it has to be shown by the respondents that either he was taking part or subscribing in any political movement in India or he was a member or otherwise associated with any political party or organization. The facts discussed above do not show that there was any political party or organization or political movement in India of which the petitioner could be called a member or otherwise taking part in it. I find that the enquiry officer, disciplinary authority as well as the appellate authority have not said a single word about there being any political party or organization or movement of which the petitioner had become a member or subscriber or supporter. In fact the enquiry report gives a finding on one aspect only and that is that the petitioner was present in the mass rally. Similarly, the order of the Superintendent of Police discusses the fact of the petitioner attending the rally. In fact this order shows that the petitioner was found guilty because he attended the mass rally which was held to support the demand of some agitating policemen. This fact, as discussed by me above, does not ipso facto make the petitioner guilty under the said Rules. The appellate order is no better. Again, there is no evidence on record to show that any political party or organization or movement organized this meeting. In these circumstances I cannot but hold that the petitioner cannot be held guilty under Punjab Police Rule No. 14-30(1) and Rule 5(1) of the Central Civil Service (Conduct) Rules. Ajit Singh, Constable vs. Kirpal Singh, D.I.G. Police, Delhi and others, 1972 S.L.R. 768

14-31. Irregular applications and recommendations – Prohibition of. – Police officers of all ranks are prohibited from applying either directly or through superior officers for promotion, when vacancies occur, and officers are prohibited from recommending subordinates for particular posts otherwise than as provided for in Chapter XIII, or if ordered to do so by the authority empowered to fill such posts.

14-32. Action if bribe is offered. – Every police officer, if at any time he should be offered a bribe, is required to make an immediate report of the fact to his official superior. Failure to Comply with this order will in itself be a breach of discipline. The offer of a bribe is a criminal offence, and all possible steps should be immediately taken to ensure that the offence may be brought home to the bribe-giver in a criminal trial in cases where circumstances indicate that such a course of action is feasible.

14-33. Police officers not to take up other employment. – Section 10 of Act V of 1861 absolutely forbids any police officer from taking up any employment whatever other than his duties under that Act, save with the express and written permission of the Inspector General. Such permission has been given generally so as not to debar police officers from engaging in casual literary work, to the extent allowed under the Government Servants Conduct Rules, from serving as examiners, or from engaging in an honorary capacity in the work of charitable, religious, or social organizations. The Inspector-General has the right, however, to withdraw his permission in any case in which, in his opinion, the interests of Government are prejudiced. The restrictions imposed by Section 10 of the Police Act are binding on police officers throughout their service, whether on leave or duty.

14-34. Regarding arbitration. – A police officer shall not act as an arbitrator for the settlement of a dispute except under the following rules :-

(i) He shall not act as arbitrator in any case without the sanction of his immediate superior officer and unless he is directed so to act by a Court or officer having authority to appoint an arbitrator.

(ii) He shall not act as arbitrator in any case which is likely to come before him in any shape in virtue of his executive office.

(iii) If he acts as arbitrator at the private request of disputants he shall accept no fees.

(iv) If he acts as arbitrator by appointment of a Court of law he may accept such fees as the Court may fix.

14-35. Orders regarding cases against officers. – (1) Any gazetted officer who becomes involved in a case affecting his private honour shall report the matter confidentially to the Inspector-General through his Deputy Inspector General.

(2) The orders of Government are that no suit on behalf of Government or a public officer shall be instituted nor shall the defence of such a suit be entered upon without the sanction of the proper controlling authority. In all such cases, therefore, Superintendents of Police shall report the facts at the earliest stage possible to the Deputy Inspector General of their range, who shall be guided in the action he takes by the rules published in Part III, Punjab Law Department Manual, 6^th Edition, 1929. Officers directly concerned with such cases must exercise the utmost caution lest they may by their written or spoken word prejudice the eventual issue.

14.36. Rules for official conduct – Those portions of Financial Commissioner’s Standing Order No. 44 (3^rd reprint, dated 9^th February, 1927), which are of general application are, except where they are in conflict with a specific Police Rule, binding on all police officers in respect of their official conduct. Copies of this Cirular are on record in all police offices and should be referred to when necessary.

14.37. Orders regarding membership of Auxiliary Forces and Army Reserves – (1) Police officers may join units of the Auxiliary Forces, India, if qualified to do so, on the understanding that their connection with such corps, whether in times of peace or emergency can in no circumstances be allowed to interfere with their police duties. Except with the permission of the local Government no police officer may be a commissioned or non-commissioned officer in the Auxiliary Force, India.

(2) Gazetted officers and European upper subordinates who may be qualified for appointment to the Army in India Reserve of Officers, as officers or officers designated respectively, may apply, through the usual channel, to the Inspector-General of Police, for such appointment. Each application will be considered o its merits and in relation to the general orders of Government bearing on the subject from time to time to the exigencies of police services.

14.38. Police officers entitled to seats in Durbar and privilege of a chair – All police officers drawing salary of Rs. 50 per mensum or over and being above the rank of Head-Constable are entitled to a chair when paying an official visit.

Sub-Inspectors of Police on the time-scale of pay are ex officio District Durbaris. All Inspectors of police and selection grade Sub-Inspectors are ex officio Divisional Durbaris. Gazetted police officers whether substantive or officiating are ex officio Provincial Durbaris.

Pensioned officers are entitled to precisely the same privileges in respect of Durbars and the grant of a chair as they enjoyed while in active service.

14.39. Privileges and duties of selection grade Constables on list C – (1) Selection grade Constables on list C shall be exempted from sentry duty, and may be employed as second in command of guards, in command of escorts where the number of Constables composing the escort is not more than three and as squad commanders on parades and other occasions, such as alarms, fairs fires, street lining duty etc, when police are detailed for duty in such units. Constables shall be so employed only when no Head Constable or officiating Head Constable is available.

(2) A Constable called upon to perform the duties of a Head Constable under the Conditions of the preceding sub-rule, shall have the disciplinary powers and authority of a Head Constable over those men actually placed under its command, and for the duration of the specific duty only.

14.40. Courtesy titles – (1) Inspectors and Sub-Inspectors may, with the sanction of the Inspector-General, assume any one of the following courtesy titles :-

Hindus – Pandit (for Brahmins only), Bhai, Lala, Malik, Mehta, Bakshi, Sodhi, Misar, Sardar, and Chaudhri.

Baba or Bawa, Bedi and Giani (for Sikhs only).

Muhammadans – Kazi, Maulvi, Khan (as an affix only), Hafiz, Haji, Arbab, Mir, Munshi, Mirza, Malik, Mufti, Khawaja, Sheikh, Sardar, Pir, Sayed, Chaudhri, Mian. (If this has been recognized by Government as having been customary for some generations in the family),

Sanction, when accorded, will be published in the Police Gazette.

(2) They are not, however, allowed to assume such titles as are ordinarily conferred by Government, or are recognized hereditary titles, such as Mian in the case of Hindus, unless these have been recognized by Government as having been customary for some generations of the family.

(3) Permanently-appointed Sikh officers not below the rank of Inspector, may, as a matter of courtesy, and if they themselves desire it, be addressed in correspondence as Sardar.

NOTE – The Sub-rules (1) and (2) above apply also to the assumption of courtesy title by gazetted police officers, doubtful cases being referred to Government.

14.41. Wearing of uniform after retirement – (1) Retired officers of the police department not below the rank of Assistant Sub-Inspector, who have rendered approved service of not less than 15 years in the department, may be permitted to wear, on ceremonial occasions, or when calling on Government officials, the uniform of the rank which they held in the force at the time of retirement.

(2) Application for such permission shall be made through the Deputy Inspector-General to the Inspector-General and, in the case of upper subordinates, shall be accompanied by the character roll of the officer on whose behalf the application is submitted.

14.42. Medical attendance – (1) Inspectors, Sub-Inspectors and Assistant Sub-Inspectors, who live in the police lines and not at a distance from the police hospital, are, when sick, entitled to medical attendance at their residence. Detailed orders on the subject are contained in the Punjab Medical Manual.

(2) Under Punjab Government letter No. 25744 (Medical), dated the 3^rd September, 1930, all officers of the imperial Police Service are entitled to free medical, surgical and nursing charges if treated in hospital in India.

14.43. Regarding the keeping of horses, etc. by lower subordinates - Head Constables and foot Constables shall not keep any horse, pony or mule without the special sanction of the Deputy Inspector-General and such sanction may only be given when the police officer seeking it can show that he has private means out of which he can afford to maintain.

14.44. Communication of official information to the press – It is desirable that the services of the newspaper press should be utilized for securing publicity in regard to police regulations and orders affecting the public, and for disseminating information through which public assistance may be allayed. The authority and discretion to communicate official information with these objects is confined, however, solely to Superintendents of Police personally. In the exercise of this authority, moreover, Superintendents are restricted to matters of exclusively local significance, and they are forbidden from giving publicity to any information which affects directly or indirectly questions of general policy. Police officers subordinate to the Superintendent of Police of a district are absolutely prohibited form communicating official information of any sort on their own responsibility to representatives of the press.

14.45. Regarding the grant of passports – No police officer shall give a transport pass or a certificate or other document of the nature of a passport to a person travelling or intending to travel from one part of India to another, whether such journey is to be performed in British or in foreign territory or in both.

14.46. Superintendents leaving their district – sanction for – When a Superintendent of Police wished to proceed beyond the boundaries of his district on duty, which will entail his absence for one or more nights, he shall, whenever possible, obtain the approval of the District Magistrate and the sanction of the Deputy Inspector-General in advance. If the urgency of the occasion prevents this, he shall inform the District Magistrate of his departure, reasons for it, and probable duration of absence, as promptly as possible, and shall send similar information to the Deputy Inspector-General by telegram.

Gazetted officers subordinate to the Superintendent of Police shall not leave the district for one or more nights without the sanction of the latter, who should mention such absences, for the information of the District Magistrate and Deputy Inspector-General in his weekly diary.

14.47. Inspectors and Sub-Inspectors not to serve in their home districts – Except for special reasons, and with the approval of the Inspector-General in each case, no Sub-Inspector shall be posted to a permanent appointment in the district in which his home is situated. The same rule will govern the postings of Inspectors. The rule will not, however, apply to appointments to clerical posts of Lines Officer or reserve Inspector, not will it affect the postings of European Inspectors or Sergeants.

14.48. Communication of confidential reports and confidential nature of recommendation – (1) The following principles in regard to the communication to police officers of unfavourable remarks made by their superiors in annual or other reports of a periodical nature should be carefully observed: -

(a) When a report is built up on the individual opinions as noted of different departmental superiors in gradation, it is only the opinion as accepted by the highest authority which need be considered from the point of view of communication;

(b) as a general rule in no case should an officer be kept in total ignorance for any length of time that his superiors, after sufficient experience of his work, are dissatisfied with him; in cases where a warning might eradicate, or help to eradicate, a particular fault the advantages of prompt communication are obvious; where criticism is to be withheld the final authority to consider the report should record instructions with reasons, according to the nature of the defect discussed as to the period for which communication is to be kept back;

(c) only those defects need be pointed out which can be remedied, since it would be serve no useful purpose to communicate such criticisms as lack of ability or intelligence;

(d) the reporting officer should specifically state whether the defects reported have been already brought in any other connection to the notice of the officer concerned.

(e) remarks in cases in which the local Government or head of the department or other officer suspends judgment should not be communicated;

(f) great attention should be paid to the manner and method of communication in order to ensure that the advice given and the warning or censure administered, whether orally or in writing, shall, having regard to the temperament of the officer concerned, be most beneficial to him.

(3) Recommendations for appointments, promotions, increase of pay and the like should not be mentioned to the parties concerned. Police officers should, therefore, be careful not merely to obstain from communicating but also to guard against the disclosure of information in cases of the kind, which should always be treated as confidential in official correspondence. (See also rule 15.22).

14.49 Joining associations.—Government is prepared to grant official recognition to association representing distinct ranks of police officers, provided such association confirm to conditions which have been laid down. Copies of the rules embodying these conditions can be obtained by associations or proposed associations on application through the proper official channel. The formation of associations otherwise than in accordance with these rules, and the joining of any association or trade union other than a recognised police association by individual police officials, is absolutely prohibited.

14.50 Reports of death or injuries to police officers.-- (1) When any gazetted officer or upper subordinate is killed or wounded in the execution of his duty, or in circumstances arising from this duties, or meets with sudden and violent death in any very exceptional circumstances, a telegraphic report shall be submitted by the Superintendent under whom he is serving direct to the Inspector-General. In the case of wounds the telegram shall state whether they are dangerous, severe or slight. Such telegraphic reports shall be supplemented with the least possible delay by a detailed report in Form 14.50 (1).

3. Death, other than those covered by sub-rule (1), shall be reported telegraphic cally to the Inspector-General in the case of gazetted officers and European upper subordinates in order that he may inform their next of kin without delay, and by post to the Inspector-General in the case of Indian Inspectors and to the Deputy Inspector-General concerned in the case of Sub-Inspector and Assistant Sub-Inspectors.

4. On receipt of reports under sub-rules (1) and (2) the Inspector-General shall, in addition to communicating with the next of kin of the deceased or wounded officer, report the facts to the local Government. In the case of deaths of Europeans the particulars required for comletion of the return of deaths of European officials shall be added.

14.51 Procedure to be adopted in connection with anti-rabic treatment .. Police officers proceeding for anti-rabic treatment at the public expense should, when the journey to Lahore is cheaper than that to Kasauli, be sent to Lahore and not to Kasauli, unless the Inspector-General of Civil Hospitals, Punjab, intimates at any time that fresh patients cannot be treated at the Punjab Bacteriological Laboratory, Lahore. Concessions will be granted to Government servants proceeding to Lahore for treatment on the lines (mutatis mutandis) of the concessions granted under the rules in force from time to time for patients proceeding for treatment to the Pasteur Institute at Kasauli.

The following officers are authorised to sanction proceeding to a Pasteur Institute:-

(a) Deputy Inspector-General For Superintendent of Police (sanction may be obtained by telegram or telephone).

(c) Superintendent of Police

or Senior gazetted ment officer present. For headquarters establishment.

Any gazetted officer or Inspecotr from headquarters. For police officers way.

14.52 Nature of arms to be carried. The arms to be borne by police on different duties ar not prescribed by general order. In each district the Superintendent of Police shall lay down by standing order rules suited to local circumstances prescribing the normal armament for different duties. In cases not covered by such orders the officers responsible for deatailing men for a particular duty shall prescribe the arms they shall carry. Escorts which are, in the opinion of the officer detailing them, liable to attack by superior numbers shall always be armed with muskets.

14.53 Disbursement of pay. On receipt of cash for the disbursemnet of salaries, immediate payment shall be made to all recipients who may be present. Each man, both upper and lowe subordinate, shall be called up turn, and the particulars of pay, allowances, deductions and balance payable as shown in the acquittance roll shall be read out to him. He shall then by required to receive and sign the receipt for the money shown as due to him, any complaint being noted at the time and submitted, if it appears reasonable, to the Superintendent of Police without delay. In headquartes, the Lines officer shall personally disburse pay on the day it is received and shall daily check the acquittance rolls and daily diary entries regarding disbursements made by the lines clerk on subsequent days to men, who were not present on the first day. In police stations and posts pay shall be disbursed immediately on receipt by the officer-in-charge personally, if present, and in his absence by the senior officer present, the same procedure being observed as is laid down for disbursements in Lines.

When unable personally to make disbursements the officer-in-charge of the police station shall at the earliest opportunity, check the disbursements made by his subordinates, calling up recipients, and satisfying himself that they have been duly paid, and he shall record the fact of his having done this in the daily diary.

Gazetted officers shall, whenever possible personally supervice the disbursemnet of pay and shall take every opportunity, both at headquarters and on tour, of testing the correct receipt of their dues by individual police officers.

Special care is necessary in respect of the disbursement of pay drawn on arrear bills and of travelling allowance; the system prescribed in this rule shall apply to such disbursements, and a personal check by Lines officers, in charge of police stations and supervising officers must be insisted upon.

14.54 Order Book.-- (1) The order book shall be maintained and written up daily by the reader of the Superintendent of Police, or, in his absence from headquartes, the reader of the senior gazetted officer present. Entries shall be numbered serially throughout the year and each day’s orders shall be arranged in sections as follows:-

(h) Training and Inspection.—Including all orders regarding parades inspections and duties.

(i) Establishment.—Including all orders regarding enrolments, discharges, transfers, increases and decreases of strength, promotions, reductions, leave and pensions.

(j) Discipline.—Including orders regarding punishments, rewards and all orders of disciplinary nature.

(k) Accounts.-- Including all orders for receipt and payments of money, grant of allowances realisation of deductions, over-payments, etc, from salaries.

(l) Miscellaneous.

2. The order book shall be closed for the day at noon all orders received for entry after that hour being entered on the following day. In the right hand margin shall be entered the section headings and the serial number of each order. A margin shall be left on the left of the page also, and in it a gazetted officer shall enter in English a brief abstract of every order relating to a reduction, promotion or enrolment or creating a vacancy.

3. When the orders for the day are completed they shall be presented to the Superintendent, or, in his absence, the gazetted officer acting for him, for signature at the foot; the signing officer shall at the same time initial any corrections or interpolations in the body of the orders, and sign all English abstracts made in accordance with sub-rule (3) above.

4. The original orders shall be written according to the system described in subparagraph 1 above in a bound register of 100 pages in half foolscape size [Police Rules form 14.54 (4)]. Three further copies shall be made by inserting sheets of paper and carbon paper of the same size below the original sheet and these copies. They shall be despatched to the Lines officer, accountant and orderly Head Constable, respecitvley each of whom shall keep a yearly file of these orders for use and actions in his office. These yearly files will be destroyed after two years.

5. The Reader Lines Officers, Accountant and orderly Head Constable shall be responsible for the issue of all subsidiary letters and directions concerning their own branch of the office. Such correspondence shall be prepared in the branches concerned and issued through the despatch branch.

Note: The Superintendent of Police may, if he wishes, require the Order Book to be maintained in English instead of Vernacular.

14.54 Standing Order File. (1) An English file of all standing orders issued by the Superintendent or Police shall be maintained by the reader. A vernacular translation of each such order shall be kept in a duplicate file, and each such file shall be indexed. These files shall be continuous for five years, after which all orders not previously cancelled, and which it is necessary to keep in force, shall be re-issued, and fresh files shall be started. As soon as possible after the 1^st January in each year the reader shall send to the lines and each police station a list, prepared from his file index, of all current standing orders which should be on record (vide rule 22.53), and shall be responsible for supplying duplicate copies of any which may then be found deficient. The repeal of a standing order shall be noted in the index and communicated by the reader to all concerned. Modifications shall be notified to all concerned when ordered and the original order shall be corrected accordingly.

(3) All general orders of a permanent character affecting the duties, procedure and practics of the police, explaining the rules of the department, the effect of the decisions of the Courts, or of the law, as affecting offences, offenders and the police, shall be recorded in these files. Standing orders for permanent guards, additional police posts, etc., shall not be included.

(4) Every standing order shall be submitted to the Deputy Inspector-General for approval before issue. If the order is one affecting departmental procedure on a point of general application and is approved by the Deputy Inspector-General , a copy shall be sent by him to the Insepctor-General.

(5) Deputy Inspector-General shall check files of district standing orders and those issued by themselves (vide rule 1.6) at their inspections.

14.55 Use of force against crowds.-- (1) Instructions regarding the use of force by the police against crowds are as follows:-

The use of force by the Police is regulated entirely by the provisions of the law. Those provisions are contained in Chapter V (especially Sections 46 and 50), and Chapter IX (especially Sections 127 and 128) of the Criminal Procedure Code.

(a) The main principle to be observed is that the degree of force employed shall be regulated according to the circumstances of each case. The object of the use of force is to quell a disturbance of the peace, or to jkdisperse an assembly which threatens such disturbance and has either refused to disperse or shows a determination not to disperse; no ulterior objects, such as punitive or repressive effect, shall be taken into consideration.

(b) Any officer in charge of a police station or police officer of higher rank has power, independently of the authority of a Magistrate, to call upon an unlawful assembly to disperse and to use force to disperse it. (See Section 127, Criminal Procedure Code). When a Magistrate other than an honorary Magistrate) is present or can be communicted with without such delay as would prejudice the situation, an assembly shall not be called upon to disperse nor shall force be used to disperse it without orders of such Magistrate, provided that, if a gazetted police officer is presents, and no Magistrate having first class or higher powers is present, such police officer shall independently in ordering an assembly to disperse. In other cirucmstances the senior police officer present, having the powers of an officer in charge of a police station, shall act on his own responsibility, but shall communicate with and report his action to the senior Magistrate, who may be accessible, as soon as possible. Whether acting under the orders of a Magistrate or not, once the order to disperse a crowed has been given, the method by which force shall be applied and the degree of force to be used shall be decided by the senior police officer present; provided that, if the District Magistrate is himself present, he, as head of the police foce of the district, shall be recognised to be the senior police officer present. For the purposes of this rule a Sub-Divisional Magistrate within his sub-division shall have the status of a District Magistrate, i.e. he shall be recognised by all police officers of the sub-division as the senior police officer, and shall power to decide the method and degree of force to be used.

(c) All attempts to disperse a crowed by warnings, exhortation, etc; shall be made before it is declared an unlawful assembly and, as such, ordered to disperse. Once an order to disperse has been defied, or when the attitude of a crowed is obviously defiant, force shall be used without hesitation. The degree of force used shall be the minimum which the responsible officer, with the exercise of due care and attention, decides to be necessary for the effective jdispersal of the crowd and the making of such arrests as may be desired. The degrtee and duration of the used of roce shall be limited as much as possible, and the least deadly weapon which the circumstances permit shall be ued.

(d) The effectivenss of force depends mainly upon the determination with which it is applied; its direction against the most defiant section of the crowd to be dispersed and its absolute control. Failure to act on this principle results inevitably in more force being applied and more dangerous weapons being used than would otherwise have been necessary. It is not possible to lay down any more definate rule as to when different mthods different weapons shall be used. The officer responsible is requried to decide this in each case on consideation of the strength and attitude of the crowd to be dispersed, and the strength of the force available for its dispersla.

(e) When the responsible police officer, whether acting under th orders of a Magistrate or independentlhy, considers that the juse of firearms is necessary, he shall, unless circumstances make such action impossible, warn the crowd that if they do not immediately disperse, fire with live ammunition will be opened upon them. If the District Magistrate or, in a sub-division, the-sub-divisoinal offier is present, his orders shall invariably be obtained immediately the necessity of opening fire becoems imminent.

(f) In order that the decision to open fire may be promply acted upon without loss of control or confusion, the responsible police officer shall, as soon as it appears likely that the use of firearms will be necessary, tell off a detachment of armed police to be held in readiness. When fire is to be opened, the responsible police officer shall decide the minimum volume necessary to be effective in the circumstances and shall give precise orders accordingly, as to the particular men or files who are to fire and the number of rounds to be fired; and whether volleys or independent aimed shots are to be fired, and shall ensure than this orders are not exceeded and that no firing contrary to or without orders takes place. Whatever volume of fire is ordered, it shall be applied with the maximum of effect; the aim shall be kept low and directed at the most threatening parts of the crowd; in no circumstances shall firing over the heads of or at the fringes of the crowd be allowed. Since buckshot is not an effective charge at any range at which it is safe to use it, Government has directed that the use of buckshot ammunition against crowds should be prohibited.

(g) When no Magistrate is present, the police officer in command, as is contemplated in the Criminal Procedure Code, shall be responsible for the opening of fir Invaribaly, whether the order to use firearms has been given by a Magistratre, or by a police officer, the order to cease fir shall be given as soon as the unlawful assembly shows disposition to retire or disperse.

(h) While the disposition of the police must be left to the police officer in command, every precaution should be taken that a force armed with firearmss is not brought so close to a dangersous crowd, as to risk it either being overwhelmed by numbers or being forced to inflict heavy casualties. If the use of firearms cannot be avoided, firing should be carried out form a distance sufficient to obviate the risk of the force being rushed and to enable strict fire-control to be maintained.

(i) On occasions of religious festivals police carrying firearms should ordinarily not

be employed to escort processions. They should be posted in front or in the rear of the procession where they are in least danger of being thrown in to confusion by the mob and cab be kept under the control of the officer in command and their petty officers.

(j) On occasions when firearms have been used against unlawful assemblies it should be the duty of the Magistrate, if one is present, to make adequate arrangements for the care of the wounded persons and for their removal to hospital and also for the disposal of the dead, if any. He should also, then and there, draw up a full report in consulation with the senior police officer present, stating all the circumstances and noting the number of rounds of ammunition issued and expended. If no Magistrate is present, this report shall be prepared by the senior police officer who shall also take all possible action with regard to wounded and dead,

(2) The following instruction govern the action of the police when the use of military force becomes necessary:-

(a) A police officer, of whatever rank, has no authority to require any officer, commissioned or non-commissioned, in command of a military detachment to use force in dispersing a crowd. Any Magistrate may make such a requisition ( Section 130, Criminal Procedure Code) and, in emergencies when no Magistrate can be communicated with, commissioned officer of the regular army may himself order military force to be used. When no Magistrate is available and troops are present and their intervention is, in the opinion of the senior police officer present necessary, that officer shall inform the senior commissioned regular army officer present of the situation, requesting his assistance in support of the police if necessary. The military officer receiving such report will decide whether to act on it.

(b) When military force has been set in motion for the dispersal of a crowd, any police force previously employed in contact with such crowd shall be withdrawn to prevent confusion. The senior police officer present and the officer commanding the troops shall confer as to the method and exact time of such withdrawal, and as to the subsequent employment of the police provided that , if the District Magistrate is down absolutely, the normal procedure should be for the police to be so withdrawn as to leave a free field of action to the troops, and to be used thereafter (a) in support of the troops for making arrests and pursuing a broken mob, (b) for guarding the flanks and rear of the troops form attack and preventing the out break of disturbance in other areas.

(c) It must be noted that, when the order to disperse and unlawful assembly by military force has been give, the senior police officer on the spot and all police at the time within the area where military force is being employed come under the orders of the senior military officer present, who is in charge of the operation of dispersal, and remain under the his orders to this extend and for the period necessary, but the latter must consult the senior police officer present in any action he thinks it necessary to take. When control of the situation is definitely handed over by the senior civil officer to the military authorities, the police force come fully under military control.

(NOTE.—These instructions are in conformity with the secret instructions on the subject issued by the Government of India, Army Department).

(3) Only an officer in charge of police station ( and police officer superior in rank of virtue of Section 551, Criminal Procedure Code) can act under Section 127, Criminal Procedure Code. When any other police officer encounters an unlawful assembly, he should immediately send for a Magistrate or a police officer empowered to act under Section 127, Criminal Procedure Code. Should be unlawful assembly commit any overt act of violence before the arrival of such Magistrate or police officer, the senior police officer on the spot, in virtue of other powers conferred by the law, should take such action as is necessary to deal with the situation. Section 149, Criminal Procedure Code, empowers every police officer to interpose for the purpose of preventing, and requires that every police officer shall , to the best of his ability, prevent the commission of any cognizable offence. Section 152, Criminal procedure Code empowers a police officer of his own authority to interpose to prevent shall police officers have the same right of private defence which is granted to every person. Every police officer should be fully acquainted with this right which is laid down in Section 96 to 106, Indian Penal Code, 97, Indian Penal Code, makes it clear that every person, and therefore, every against any offence affecting the human body and the property of any other person as well as of himself, against any act which is an offence falling under the definition theft, robbery, mischief or criminal trespass. The extend to which the right of private defence may be exercised is laid down in Sections 99, 100, 101 and 103, and the period during which the right exists is explained in Sections 102 and 105.

14.57. Government family quarters. Cleanliness or damage to—Police officers

occupying government family quarters shall be held strictly responsible for the cleanliness of such quarters and shall be required to make good any damage other than that due to fair wear and tear to the quarters themselves or to any Government property contained therein.

An officer will be held responsible for all damage to a building even if caused by the previous occupier, if he enters in to occupation without reporting immediately to the Superintendent of Police, through the usual channel, the extend of the existing damage to the building.

Superintendent of Police shall hold regular inspections to see that this rule is obeyed. See also rule 3.32.

14.58. Measures against small-pox.—All police officers and their families and other occupants of Government quarters, or quarters for which rent is paid by government, shall be vaccinated and re-vaccinated for small-pox at the following intervals:-

(a) When there is no epidemic—

(i) Infants should, if healthy, be vaccinated in the first three months after brith; in all cases within 12 months.

(ii) Children should be re-vaccinated by the time they attain the age of 7 years and again on reaching the age of 16 years.

(iii) Adults should be re-vaccinated every seven years.

(iv) Adults should be re-vaccinated every Seven years.

(b) When there is an epidemic.

All persons who have not been vaccinated within the last 12 months should be vaccinated.

All police officers are enjoined to take the same precautions and they may be called on to do so by executive order.

14.59. Liability of police officers to pay “ haisiyat” or professional taxes—(1) The local Government in their letter No. 25292 ( L.S.G.—BDs), dated the 1^st September, 1928.has intimated that district boards may, with the sanction of Government, impose “haisiyat” taxes. The rates livable are laid down in the above letter. It is also laid down that no tax shall be livable in any year form the first day of April to the thirty-first day of March next following from any person who is resident in the area subject to the authority of the district board for less then one hundred and eighty days in such year.

(2) Police officer residents in certain municipalities and notified areas are also liable to pay “haisiyat” tax. In this case the tax is only livable on the income of such officers which they may have received while actually stationed within the municipality or notified area—( Vide Memo No. 21943 (Bds. & Comts. –Comts), dated 11^th September 1920).

(4) Superintendent of police shall not collect such taxes from the officer concerned, but shall furnish such lists as may be called for by the local bodies concerned in this connection.

15. Special Provisions.-Notwithstanding anything contained in these rules, the appointing authority may impose special terms and condition in the order of appointment if it is deemed expedient to do so (For Haryana vide No. G.S.R. 59/Const./ 309/Amd. (1)/77)

FROM NO. 14.10(2)

ORDERLY ROOM REGISTER

Serial No.

Date

Rank No. and name

Posting and/or designation

Nature of application plea or representation

Order passed in brief

Signature No Rank and designation Orderly from Officer

Reference Date

FORM NO.14.12 (2)

POLICE DEPARTMENT DISCHARGE CERTIFICATE ___________DISTRICT

(1) Provincial, Range or Constabulary No.

(2) Name and Parentage.

(3) Caste.

(4) Village, Police station and district.

(5) Height.

(6) Age on date of discharge.

(7) Distinctive marks

(8) Character.

(9) Cause of discharge and date ( Note also medals and decorations held).

Dated the ________19 _________ Superintendent of Police

TO WHOM IT MAY CONCERN

(REVERSE)

Certified that _______________________________has been discharged from the Police Force for the _______________having served as follows:-

FORM NO.14.12.(2)-Contd.

Police Service

Years

Months

Days

Previous service in other Government department

Years

Months

Days

As ..

Total ..

As ..

Total ..

Grand total service

Paid on account of clothing money Rs.

He has received a true and just account of his pay and arrears of pay from his first enrolment up to this date and all claims against him by Government have been settled in full.

Dated ___________ 19 _______ Superintendent of Police

I acknowledge to have received in full all pay and arrears of pay from my first enrolment up to this date of my discharge.

Signature of Witness. Signature of Party.

FORM No. 14.15 (4)

(1) Gazette order of transfer, leave, etc.

(2) Name of officer relinquishing charge, with date and hour.

(3) Name of officer assuming charge, with date and hour.

(4) Remarks.

Dated _______________ 19 ________ Superintendent of Police

FORM No. 14.16(1)

Serial No.

Constabulary No.

Name

Date of enrolment

Resid

-ence

Educ

-ation

Date of ret

-urn from

last rural

duty

Police

Statio-n from which last transferred

Reasons for transfer (colunm8)

Police

Station,etc,

To which now posted

Date of present postin-g

Remarks (including reference to last previous entry in this Register

FORM No. 14.16(1).—Contd.

NOTE,-- In this register separate pages shall be assigned to each rank, and the register shall be divided in to the following parts:-

(1)Office Staff of Superintendent, Lines Establishment, Orderlies and others permanently attached to headquarters and not included in any of the following parts:-

(2)Men posted in Municipal towns (each town to be shown separately).

(3)Men posted in Cantonments.

(4)Men posted at Police Stations and subordinate posts.

(5)Men posted in Lines, which includes all standing and personal guards, at the Police Training School and on special duty in other districts.

FORM No. 14.18.

DUTY SLIP OF ___________ No._____________

1	2	3	4
Nature of duty, leave etc.	PERIOD		Signature of Lines Officer, Officer in charge of Police Station or Clerk Head Constable.
Nature of duty, leave etc.	From	To

FORM No. 14.50(1)

DEATH REPORT.

Return of deaths of European Police Officers and Pensioners in the Punjab.

Column 1. – Name.

2._ Date of death.

3._ Place of death.

4._ Occupation at the time of death.

5._ Age at the time of death.

Years.

Months.

Days.

6._ Place of birth.

7._ Particulars as to family connectins.

8._ Particulars as to property ( if any ).

9._ * Length of service.

10._ Cause of death.

11._ Remarks.

Dated ____________ __________

The _______________________ 19 _____ Superintendent of Police.

*Not required in the case of pensioners.

FORM No. 14.54 (4)

Order Book.

Serial No.

Section Head

Details order

CHAPTER XV… REWARDS

15-1. Rewards to be given freely. (1) To encourage members of the public to perform the duties required of them by law and assist the Criminal Administration, rewards shall be given freely. Care must be taken not to prejudice the issue of a case by granting rewards before its conclusion. In some instances, however, rewards can be given before the case is over. Vide rules 15-6.

(2) Rewards to subordinate police officers should not be given for the proper performance of ordinary routine duties, but for special merit in any branch of police activities. The qualifications for reward are detailed in rule 15-7.(1).

15-2. Rewards, dealt with in other rules. The instructions regarding the grant of rewards in the following cases are contained in the rules specified against each:-

(i) For passing the Pashtu Examination, rule 19-46.

(ii) To zaildars, inamdars and headmen, rule 21-3(2).

(iii) To officers of the Criminal Investigation Department, rule 21-28.(4)

(iv) For killing wild animals and snakes, rule 22-33.

(v) To arresting officers in Excise cases, rule 24-19(13).

With regard to unauthorised rewards, see rule 10-71.

15-3. Commendation certificates. When an enrolled police officer or any person other than a police officer renders ready and efficient assistance in the investigation of a criminal case, the arrest of a criminal or the preservation of law and order, or gives valuable information, the Superintendent or other police officer superior in rank to such Superintendent may, in addition or lieu of any other reward, grant such police officer or other person a commendation certificate.

Such commendation certificates shall be in one of the forms prescribed below and shall be signed by the officer granting them. The amount or nature of any reward granted with the certificate shall be entered in it, and a copy of the certificate shall be entered in the character roll of the recipient, if a police officer..

(a) Class I certificate, granted by the Inspector-General to police officers and members of the public for actions of outstanding merit (Form15-3-A).

(b) Class II certificate, granted by a Deputy Inspector-General for actions of such special merit as to deserve a higher form of recognition than a Superintendent is empowered to give, but not so exceptional as to deserve a Class I certificate (Form15-3-b).

(c) Class III certificate, granted by a Superintendent in recognition of specific instances of good work or assistance to the police in connection with the prevention or detection of crime or the preservation of law and order (Form15-03-C).

15-4. Special commendation certificate. Any upper subordinate who has done conspicuously good work throughout the year ending 31^st March shall be recommended to the Deputy Inspector-General for the grant of a Class II commendation certificate.

15-15. Powers to sanction rewards. (1) The following police officers may offer and give rewards in criminal cases, or for good service rendered, within the limits stated…

(a) Superintendent, and the Principal,

Police Training School, Phillaur,

Not exceeding (For Pb.) Rs. 100. (For Hry.) Rs.200

(b) Deputy Inspector-General, and In any one case or

Assistant Inspector-General, on any one occasion.

Government Railway Police, not

exceeding (For Pb.) Rs. 400. (For Hry.) Rs.600.

(2) The total rewards offered for the arrest of any one man in a case or series of cases by Superintendents and Deputy Inspectors-General acting separately or collectively shall not exceed the sum of (For Hry. Rs.200 and Rs.600) (For Pb. Rs. 100 and Rs. 400), respectively, without the sanction of the Deputy Inspector-General or the Inspector-General, as the case may be.

NOTE:- The provisions of this rule do not apply to the Criminal Investigation Department.

15-6. Payment of rewards. When possible all rewards shall be paid by the Superintendent in person or by some other gazetted police officer. Payment shall be made as promptly as possible. When a reward has been offered or is given for specific information or for a particular action, such as the arrest of an absconder, it is unnecessary to wait till the case, with which the action is connected, has been decided, and payment should be made immediately.

15-7. Rewards to police officers. (1) Subject to the limits in rule 15.5 reward in cash or of articles of value may be granted to police officers for exceptionally good work done in connection with the administration of the law, the maintenance of peace, safety and good order and for conduct displaying exceptional address, acuteness, industry, fidelity or courage.

(2) If a Superintendent in any case considers that a large reward should be given than he is empowered to give he shall submit a recommendation to the Deputy Inspector General for such reward as he may think necessary stating the circumstance of the case in Form 15.7(2).

(3) The grant of every reward under these rules shall be accompanies by the grant of a commendation certificate, and an entry shall be made in the character roll of the recipient as required by rule 15.3.

(4) The minimum monetary reward that shall ordinarily be granted to Inspector is Rs.50 and to Sergeants and Sub-Inspector Rs.25 and to Assistant Sub-Inspectors Rs.15. Such officers shall ordinarily be rewarded for good service by an entry in their character rolls.

(5) All certificates granted under this or other rules in this chapter shall be shown at kit inspections; no other certificates or testimonials shall be so shown or entered in character rolls.

15.8. Rewards payable by law.—(1) Under Section 41 of the Police Act, 1861, rewards payable by law to informers shall, when the information is laid by a police officer, be credited to the General Police Fund, but rewards payable by law for arrests shall, when the arrest is made by a police officer, be paid to such officer.

15.9. Rewards and Parman Patras to the public.—(1) Subject to the limits imposed by rule 15.5 rewards may be given to persons who are not police officers for assistance or information given to the police.

(2) An allotment for rewards to the public is made every year to each district, and is at the joint disposal of the District Magistrate and Superintendent of Police. The Superintendent of Police may sanction and distribute rewards up to the limit of Rs.25 at any one time or in any one case without previously consulting the District Magistrate, provided that the latter is informed as soon as possible of the action taken. Where the reward proposed exceeds Rs.25 at any one time or in any one case the District Magistrate should first be consulted. It is of great importance that rewards should be disbursed with the least possible delay, for which reason consultation between the District Magistrate and the Superintendent of Police should ordinarily take the form of verbal communication. When this is not possible communication should be by demi-official letter. Where the reward to be paid exceeds Rs.100 the Superintendent of Police shall submit the case for orders to the Deputy Inspector General of Police under rule 15.5(1).

(4) Parman Patras up to a fixed maximum for each district, and of three classes, viz., Punjab Government, Commissioners, and Deputy Commissioner’ Parman Patras are granted annually to persons who have given valuable assistance to the administration. Prominent services rendered to the criminal administration by influential residents of a district may suitable be recognised in this form to the extent which the limit to the number of Parman Patras and the claims of other departments admit. Superintendents of Police shall send their recommendations for Parman Patras direct to their Deputy Commissioners once a year so as to reach them by the end of April, when the latter will decide what Parman Patras of the third class shall be given on account of services rendered to the Police and what names shall be submitted to the Commissioner with recommendations for Parman Patras of the two former classes.

15-10. Publication of rewards. In cases where rewards have been granted to police officers, or members of the public, or officers of other departments in recognition of work of an exceptionally meritorious or dangerous nature, or in circumstances which are of interest to the public or to the police force as a whole, a report in Form 15-10. Shall be furnished, through the Deputy Inspector-General of the range, for publication in the Criminal Intelligence Gazette and for such other publicity as the Inspector-General may think desirable. Such report shall contain the names of and particulars of the persons rewarded and a brief precis of the circumstances showing clearly the nature of the services rendered by each of the persons concerned.

15.11. Expenditure incurred in investigation of cases. – Necessary expenditure incurred in the investigation of cases, which cannot, under existing rules, be recovered from the Courts may be paid from the Superintendent’s grant for rewards. When on account of the need of secrecy such expenditure cannot be supported by the formal vouchers in From 10.33(1) details and payees name shall be entered by the Superintendent in a account in a confidential register to be maintained Form 15.11.

15.12. Rewards offered by private persons. – (1) Police officers of all ranks are absolutely prohibited from accepting monetary preferred to their to them by private persons : provided that the whole or any part of a reward offered in the circumstances covered by sub-rule (2) below may be paid, with the sanction of the Deputy Inspector General in each case, to such police officers as may have earned it.

(2) When rewards are offered by private person’s, that Superintendent of the district concerned shall required that the sum offered shall be made over to him for deposit with the Imperial Bank of India or in the Post Office Saving Bank and for disbursement according to his own judgment and in his public capacity. Superintendent may accept and disburse rewards so offered up to maximum sum which they are necessary both as regards the acceptance of offers and the disbursement of larger amounts, and for payments of any sum so offered to a police officer.

(3) When the amount of a reward so offered is not deposited in advance, and when property for the recovery of which such rewards was offered come into the hands of the police, the Superintendent concerned shall, if the reward offered is not paid, apply Indian Contract Act untill such rewards id paid.

15.13. Advertisement of records. – When the offer of rewards, whether by Government or to be private persons, is published by a officer, care must be taken, in drafting the announcement, to particularise the type of assistance, e.g. arrest, assistance in arrest, or information leading to arrest for which the reward is offered, and in every case the announcement shall specifically reserve to the authority making it the right to decide finally by whom the reward offered has been earned, or in what proportions it shall be divided among several claimants: provided the conditions of the announcement are, in the opinion of the authority making it, fulfilled, the whole amount of reward offered shall invariable be disbursed.

All offers of reward shall be in force for the year only, and at the end of the that time the offer shall be reviewed and, if considered necessary, renewed.

NOTE:- No advertisement of a reward offered by a private person shall be published by a police officer, unless the amount has first been deposited under rule 15.12.(2).

15.14. Rewards offered by officers of other departments. – (1) Deputy Commissioners are authorized to pay rewards up to 200 in valid to police officers of and below the rank of Sub-Inspector for good work done in connection with the prevention and detection of offences against the excise laws. Rewards of higher value and rewards to Inspector may be given on the authority of the Financial Commissioner. Such rewards and commendations certificates issued by the excise administration shall be forwarded through the Superintendent of Police under whom the police officer rewarded id serving and entries shall be made in such officer’s character roll, as directed in rule 15.7.

(2) Rewards or commendations certificates offered by other Government departments to enrolled police officers for special rendered in the public service shall be similarly forwarded through the Superintendent concerned. Such rewards may oridinarly be accepted by the police officers concerned, but gratuites offered by officials of other departments for service of a personal nature rendered by individual police officers may not be accepted. The acceptance of persoanl testimonals from Government officials or members of the publice is prohibited.

(3) Cases in which the Superintendent is in doubt whether a reward offered may or may not be accepted under this rule, shall b e referred to the Deputy inspector General for decision.

15.15. Any person who apprehends an individual of the following classes who is in a state of desertion, or absent without leave form his unit ( other than an individual who voluntarily surrenders himself):-

Combatants ( including reservists)

Transport followers;

Men of the Indian Hospital Crops;

Will be granted a reward of Rs. 5.

Such rewards will be paid by the unit to which the deserter belongs.

(2) A note of such rewards shall be made in the character roll of the police officer to whom they are paid but a commendation certificate shall not be given unless the Superintend considers that the circumstances of the particular arrest merit it.

15.16. Rewards payable for recovery of dead bodies—(1) The following rules regarding

rewards payable for the recovery of the cropes form canals and rivers have been sanctioned by the Provincial Government:-

(a) Any person, not being a police officer of or above the rank of Sub-Inspector, who takes a corpse out of a canal or river, or causes it to be so taken out, and who thereupon makes it over to the headman of the village,. Within the area of which the place of removal is situated, or to the police, shall be entitled to a rewards of Rs. 10. Steps should be taken to given wide publicity to this order.

(b) It shall be the duty of all canal official on observing a corpse in any canal with which they are concerned to take it out of the canal or to cause it to be so taken, out, and to make it over to the headman of the village within the area of which the place of removal is situated, or to the police. Such canal official will be eligible for the reward of Rs. 10 above mentioned.

(c) A similar obligation lies upon all lambardars, chaukidars, patwaris, all owners or occupiers of land, all agents of such owners or aoccupiers, of land, all agents of such owners or occupiers, and all officers employed in the collection of the revenue, as well as upon all police officers and this obligation should be brought to the special notice of such persons residing on or near the banks of rives or canals, and they should be directed to act in such cases as if there were grounds for suspecting foul play. Such persons, excepting police offices of or above the rank of Sub-Inspectors, will be eligible for the reward of Rs. 10.

(2) Such rewards shall be paid at once by Superintendents form their contingent grant for “ Rewards”

15.17. Arrest of members of criminal tribes—A police officer, or any person in strumental in the arrest of a person registered under the criminal Tribes Act, who is found absent form his village without a pass, shall be entitled to a reward of Rs. 10 upon the conviction of the offender. Expenditure on such rewards shall be made from districat allotments.

15.18. For the arrest of a proclaimed offender—Liberal rewards shall be offered and promptly disbursed for the arrest of proclaimed offenders. The fullest publicity shall be given to officer of such reqards, the amount of which shall be fixed in relation to the importance of each case.

15.19. The Royal Humane Society’s Medal—When a police officer acts with conspicuous courage in saving or attempting to save a person form drawing, application may be made, through the ordinary channel, on behalf of such officer, for the grant of the Royal Humane Society’s Medal. The necessary form for any such application may be obtained form the office of the Inspector-General.

15.20. Presidents Police and First Service Medal and Police Medal. (1) The rules

regarding the “President’s Police and Firse Services Med al.” Are given in Appendix 15.20 (1) Receiptients of the medal or bar to the medal shall, where the decoration is awarded for an act of gallantry be entitled to monetary allowances subject to the conditions and rates laid down in the above appendix.

Recommendations, accompanied in the case of non-Gazetted officers by the Character

Roll, should be submitted (in form 15.21) through Deputy Inspector-General, spect of which the recommendation is made, except in cases where the facts establishing the conduct of the nominee are not free form doubt or where the conduct of the police has given rise to considerable public criticism. When before deciding to make recommendation. It must be clearly stated whether the occurrence in respect of which a recommendation is made is likely to be the subject of judicial proceedings. Recommendations for distinguished service should reach the Inspector-General of police by the 15^th May and 15^th December in each year.

It should invariably be stated whether the officer recommended officer recommended

for the decoration has ever incurred censure or been concerned in proceedings that have been censured by a Court of Law.

(2) The rules regarding the “ Police Medal” are contained in Appendix 15.20 (2).

The particular acts of services for which recommendations are made should be described in the same detail and form as in the case of recommendations for the “ President’s Polie and Fire Services Medal. Recommendation for the grant of the medal should reach the Inspector-General through the Deputy Inspector-General not later than 15^th May and 15^th December, each year.

(3) Awards of “President’s Police and Fire Services Medal” and the “ Police

Meal” shall be recorded in their history of services in the case of Gazetted Officer; names of all recipients of the medal are published in the Punjab Civil List.

(4) All awards of the “ President’s Police and Fire Services Medal” and of the

“Police Medal” to enrolled officer shall be announced publicily at a muster parade at the headquarters of the district in which the officer receiving the awards is serving. The number, rank and name of every recipient of the “ Presidnet’s Police and Fire Services Medal “ shall be immediately after the publication of the awards, be inscribed in gold letters on the “ President Police and Fire Services Meal Roll board (as prescribed in Punjab Police Gazette Memo. No. 694, dated the 11^th March, 1927, for the previous King’s Police Medal) particualrs of the award as published in the Government Gazette, shall be copied in to the Character Roll of the receipient and the words of “ President’s Police and Fire Services Medal List” shall be endorsed in block capitals on the front outer cover thereof. Further instruction s regarding the special recognition of awards of the “ President’s Police and Fire Services Medal” are contained in rule 13.19.

15.21. Conferment of Titles and Orders.—Deputy Inspector-General and Superintends

Police have been supplied confidentially with instructions regarding he submission of recommendations of Titles and Orders ( Confidential Memo. S-860, dated 15^th October, 1931). All recommendations shall be submitted ( in Form 15.21) through Deputy Inspector-General so as to reach the Inspector-General not later than the 15th of July and the 15^th December in each year.

15.22. Certain recommendation to be kept confidential.—The fact that a recommendation

has been or is about to be made under rule 15.19 and 15.21 inclusive shall be kept strictly confidential, and shall not be communicated to the person recommended. Enquiries necessary for the filling up of recommendation rolls shall be made by indirect means by the Superintendent himself or another gazetted officer.

15.23. Special rewards and grant of land or jagirs in recognition of exceptional

services—(1). The grant of land by way of reward is regulated by questions of policy, the availability of land for the purpose and orders issued by government form time to , time. Conditions of such grants are, therefore, liable to be varied at any time and the practice of making them may be discontinued altogether.

(2) A limited area of Crown agricultural land in the Nili Bar Colony is still available for sale at fixed rates as a special case to serving and retired civil officials with outstanding on the following conditions:--

(i) Retied officials and serving officials, who are within three years of retirment, are eligible.

(ii) Only those officials are eligible a substantial period of whose service he been under the Punjab Government.

(iii) Every applicant for a grant either serving or retired must state whether he holds land in any colony either by succession or otherwise.

(iv) (a) The maximum size of grants for officers of the All-India services and officers of the Provincial Services Class I or holding listed posts, or who were holding such posts at the time of retirement, is five rectangles.

(v) For other officers of the Provincial Services the limit is four rectangles.

(vi) For officers of the Subordinate Services the maximum limit is two rectangles.

(vii) The price, payable by the grantee, will be the estimated marked value at the time, as estimated by Government. The estimated value is boradly based on the average price of the most recent public auction.

(viii) The purchaser is required to pay the full purchase price in the treasury within four months of the date of receipt of Government orders by him otherwise the offer to sell the land lapses.

(ix) After Government sanction has been accorded to the sale and communicated to the grantee the offer remains open for a period of four months.

(x) The land is selected by the Colonization officer, Nili Bar Colony, whose selection is final.

(xi) The deed of conveyance is executed stamped and registered byand at the expense of the grantee in the form reproduced at pages 74 to 79 of the Punjab Colony Manual, Vaume II (1942 Edition), as soon as the land is available for immediate possession.

(xii) Possession of the land is granted with effect form the harvest determined by the Colonzation officer.

(3) Land set aside by Government for grant as police rewards may be given:-

(A) To non-officials:-

(i) IN recognition of services involving exception risk, where a non-official has actually endangered his life in combating crime:

(ii) In recognition of definite services of “ a specially distingushed nature in the suppression of particular forms of crime, or in co-operating with the police in measures for the suppression of crime extending beyond the general and cordial support, which zaildars, inamdars, headmen, etc. are bound to give to the police administration.

(iii) To the dependents of non-officials who lose their lives in helping the police and because of their help to the police.

(B) To police Officers:-

(i) Who have actually endangered their lives in combating crime;

(ii) To dependents of police officers who lose their lives on duty either instead of extraordinary pensions or to supplement such pensions.

All grants under sub-rule(3) may be free or on peasant terms, each case being decide don its merits.

(4) Serving police officers may, within thee years of retirments, apply through the usually channel and retired police officer may apply direct toe the Inspector-General of Police forth grant of land at cnocessionary rates of purchase. Every applicant must state whether he holds land in any colony either by succession or other wise. No action will be taken on any application that does not contain this information Superintendents of Police and Deputy Inspector-General may reject applications from officers who cannot afford to make the necessary payments or whose service are clearly not outstanding.

Recommendations under sub-rule (3) (A) may be Initiated by Superintendents of Police and should be forwarded through the District Magistrate, the Commissioner and the Range Deputy Inspector-General to the Inspector-General by the 15^th January each year. Recommendations under sub-rule (3) (B) may be initiated by Superintendents of Police and forwarded through the Range Deputy Inspector-General to the Inspector-General by the 15^th January, each year.

No special form is prescribed for recommendations under this rule, but all the information must be included which is necessary to assist Government in reaching a decision. The circumstances must be clearly stated, and the suitability of the reward recommended, in view both of the services rendered and of the position and existing resources of the proposed recipient, must be explained. In each case it must be clearly stated whether the proposed recipient has already received, direct, or by inheritance or is in expectation of receiving by inheritance any grant of land. In no case should the fact that a recommendation has been made be communicated to the person recommended.

5. Government has power to create jagirs on condition of continued good conduct and steadfast loyalty to His Majesty the King Emperor and active good service to the public or to the Government established by law in British India, rendered to the best of the Jagirdar’s ability and power. Proposals in respect of the police under this sub-rule shall be initiated officially by the Inspector-General of Police.

15.24 Return of rewards. -- Every Superintendent shall, on or about the 5^th of each month, prepare and despatch to the Deputy Inspector-General a return in Form 15.24 of all rewards given to police officers and others, which have been debited to the police budget grant. Such return shall be filled after the examination in the Deputy Inspector-General’s office.

In such return shall be recorded all rewards charged to the police budget by whom soever given.

The President is pleased to institute the following award to be conferred on members of the Police Force and organised Fire Services throughout the Indian Union in consideration of meritorious services or gallantry and outstanding devotion to duty to be designatd “President’s Police and Fire Service Medal” and to make, ordain and establish the following statutes governing the medal, which shall be deemed to have effect from the twenty-sixth day of January in the year one thousand nine hundred and fifty:-

Firstly.-- The award shall be in the form of a medal and styled and designated the “President’s Police and Fire Services Medal” (hereinafter referred to as Medal).

Secondly.-- The medal shall be circular in shape, made of silver, one-and-three-eight inches in diameter, and shall have embossed on the obverse the design of the President’s flag on a shield in the centre and words “President’s Police and Fire Services Medal” above and “India” below the shield along the edge of the Medal separated by two five pointed heraldic stars. On the reverse, it shall have embossed the State Emblem in the Centre and the words “FOR GALLANTRY”, or “FOR DISTINGUISHED SERVICE” as the case may be, along the lower edge and a wreath joined by a plain clasp at the top along the upper edge. On the rim the name of the person to whom the medal has been awarded shall be inscribed.

Thirdly.-- The medal shall only be awarded to those who have eigther performed acts of exceptional courage and skill or exhibited conspicuous devotion to duty as members of a recognised Police Force or Fire Service within the territory of India.

Fourthly.-- The names of those to whom this medal may be awarded shall be published in the Gazette of India and a Register of such names hall be kept in the Ministry of Home Affairs by such person as the President may direct.

Fifthly.-- Each medal shall be suspended from the left breast and the riband, of an inch and three-eight in width shall in the case of distinguished service, be half blue and half silver while, and in the case of awards for acts of exceptional courage and gallantry the riband will be half blue and half silver while, the two colours being separated by a vertical red line 1/8 in width.

Sixthly.-- Any act of gallantry which is worthy or recognition by the award of the PRESIDENT POLICE AND FIRE SERVICE MEDAL but is performed by one upon whom the decoration has already been conferred, may be recorded by a Bar attached to the riband by which the medal is suspended. For every such additional act an additional Bar may be added and for each Bar awarded a small silver rose shall be added to the riband when worm alone.

Seventhly.-- It shall be competent for the President to cancel and annul the award to any person of the above decoration and that thereupon his name in the Register shall be erased. It shall, however, he competent for the President to restore any Decoration which may have been so forfeited. Every person to whom the said Decoration is awarded shall, before receiving the same, enter into an agreement to return the medal if his name is erased as aforesaid. Notice of cancellation or restoration in every case shall be published in the Gazette of India.

Eightly.-- It shall be competent for the President to make rule to carry out the purpose of these statutes.

(1) Recommendations for awards on the ground of conspicuous gallantry shall be made as soon as possible after the occasion on which the conspicuous gallantry was shown; and in special circumstances recommendations for awards on other grounds may be made at any time for an immediate award.

(2) All recommendations shall state the name and rank of the person recommended, the name of the Police or Fire Services of which he is or was a member and particulars of the gallantry or service for which the grant of the medal is recommended.

(3) The number of medals awarded in any one year shall not exceed forty-five unless the President is of opinion that special circumstances in any year justify the award of medals in excess of that number.

(4) The medal shall be awarded:-

(i) For conspicuous gallantry in saving life and property, or in preventing crime or arresting criminals, the risks incurred being estimated with due regard to the obligations and duties of the officer concerned

(ii) A special distinguished record in police service.

(iii) Success in organizing Police or Fire Services, or in maintaining their organizations under special difficulties.

(iv) Special service in dealing with serious or widespread outbreaks of crime or public disorder, or fire.

(v) Prolonged service but only when distinguished by very exceptional ability and merit.

(5) When awarded for gallantry the medal will carry a monetary allowance at the rates and subject to the conditions set forth below. The charges thereof shall be borne by the revenues of the State concerned.

(a) The allowance should be granted only to officers of and below the rank of Inspector of Police.

(b) The amount of the allowance should depend on the rank of the recipient at the time when the act of gallantry is performed and it should continue to be paid at that rate on promotion to higher ranks (including ranks above that of Inspector)

(c) In the case of an officer already in receipt of an allowance, an addition should be made to the allowance on the award of a Bar to the Medal, according to the rank of the recipient at the time when the services for which the Bar is awarded are rendered: provided that if at the time of the award of the bar the recipient is of higher rank than when he was awarded the Medal, he shall be entitled to substitute for the original allowance plus the additional allowance, the amount of allowance he would be entitled to draw had he been awarded the Medal in his present rank.

(cc) Where an officer who has already been awarded either the King’s Police and Fire Services Medal or that Medal and a Bar or Bars there to for gallantry is subsequently awarded the President’s Police and Fire Services Medal for a further act of gallantry, he shall be paid a monetary allowance attached to the Bar to the latter medal in addition to the original allowance and not the full allowance attached to the Medal itself. Where an officer has already been awarded the Indian Police Medal for gallantry, is subsequently awarded the President’s Police and Fire Service Medal for further act of gallantry, he shall be paid the full allowance attached tot he later Medal in addition to the original allowance.

(d) The allowance should be granted from the date of the act for which the award is given, and unless it is forfeited for misconduct, will continue until death.

Where an individual is in receipt of the allowance at the time of his death, it shall be continued for life or till remarriage to his widow (the first married wife having the preference).

The reason are allowance for the different ranks will be as follows:-

Rank Allowance for medal or Allowance for Bar

Bar awarded to an awarded to an officer

officer not already in already in receipt

receipt of an allowance of an allowance

Per mensem Per mensem

Inspector Rs. 25 Rs. 12

Deputy Inspector, Rs. 15 Rs. 7

Sub-Inspector and

Sergeant Assistant

Sub-Inspector Rs. 10 Rs. 5

Head Constable Rs. 7-8-0 Rs. 3-8-0

Constable Rs. 5 Rs. 2-8-0

(6) The medal is liable to be forfeited when the holder is guilty of disloyalty cowardice in action or such conduct as in the opinion of the President, bring the force into disrepute.

(7) Recommendations for the announcement of awards for distinguished service on the 26^th January (Republic Day) and the 15^th August (Independence Day), should be forwarded so as to reach the Secretary to the Government of India, Ministry of Home Affairs, not latter than the 1^st August, and the 1^st March, respectively, The President is pleased to institute the following award to be conferred on members of the Police Force throughout the Indian Union in consideration of meritorious services or gallantry and outstanding devotion to duty to be designated “Police Medal” and to make, ordain and establish the following statute governing the medal, which shall be deemed to have effect from the twenty-sixth day of January in the year one thousand nine hundred and fifty.

Firstly.—The award shall be in the form of a medal and styled and designated POLICEMEDAL (hereinafter referred to as the Medal).

Secondly.—The medal shall be circular in shape, made of bronze, one-and-three-eighth inches in diameter, and should have embossed on the obverse the State Emblem in the Centre, and the words “Police Medal” above and the State motto “Satyameva Jayate” in Devnagri script at the bottom of the State along the edge of the medal separated by two five-pointed heraldic stars. On the reverse, it shall have embossed the words “FOR MERITORIOUS SERVICE” or “FOR GALLANTRY” as the case may be, exactly at the centre enclosed between two parallel straight lines connected at either end to each other by a concave line and the words “INDIAN” above and “POLICE” below, the whole being encircled by a Wreath joined by a plain clasp at the bottom. On the rim the name of the person to whom the medal has been awarded shall be inscribed.

Thirdly.—The medal shall be awarded to only those members of recognized Police Force or of a properly organized Fire Service within the territory of India who have performed service of conspicuous merit and gallantry.

Fourthly.—The names of those to whom this medal may be awarded shall be published in the Gazette of India and a Register of such names shall be kept in the Ministry of Home Affairs by such person as the President may direct.

Fifthly.—Each medal shall be suspended from the left breast, and the riband of an inch and three-eighth in width, shall be dark blue with a narrow silver stripe on either side and a crimson stripe in the centre, and in the case of awards for acts of conspicuous gallantry, each of the blue portions of the riband shall contain a silver line down the middle.

Sixthly.—Any distinguished conduct or act of gallantry which is worthy of recognition by the award of POLICE MEDAL, but is performed by one upon whom the Decoration has already been conferred may be recorded by a bar attached to the riband by which the medal is suspended. For every such additional act an additional bar may be added and for each Bar awarded a small silver rose shall be added to the riband when worn alone.

Seventhly.—It shall be competent for the President to cancel and annul the award to any person of the above medal and that thereupon his name in the Register shall be erased. It shall, however, be competent for the President to restore any Medal which may have been so forfeited. Every person to whom the said Decoration is awarded shall, before receiving the same, enter into an agreement to return the medal if his names is erased as aforesaid. Notice of cancellation or restoration in every case shall be published in the Gazette of India.

Eighthly.—It shall be competent for the President to make rules to carry out the purposes of these statutes.

Rules governing the award of Police Medal

(1) Recommendations for awards on the ground of conspicuous gallantry shall be made as soon as possible after the occasion on which the conspicuous gallantry was shown and in special circumstances recommendations for awards on other grounds may be made at any time for an immediate award

(2) Each recommendation will state the name and rank of the person recommended, the Police Force or Fire Service of which he is or was a member and particulars of the action or service for which the grant of the Medal is recommended.

(3) The number of medals awarded in one year (excluding bars) shall not exceed one hundred and seventy-five but if the President considers that special circumstances in any one year justify the award of medals in excess of one hundred and seventy-five the number shall not exceed two hundred.

(4) The medal will be awarded:-

(i) for conspicuous gallantry, awards for gallantry will be made as soon as possible after the even occasioning the grant;

(ii) the valuable service characterized by resource and devotion to duty including prolonged service of ability and merit.

(5) (a) When awarded for gallantry the Medal will carry subject to the conditions set forth for the President’s medal a monetary allowance at half the rates sanctioned for the award of the PRESIDENT’S MEDAL for gallantry. The charges thereof shall be borne by the revenues of the State concerned.

(b) Where an officer who has already been awarded either the Indian Police Medal for that Medal and a Bar or Bars thereto for gallantry is subsequently awarded the Police medial for a further act of gallantry, he shall be paid a monetary allowance attached to the Bar to the latter Medal in addition tot he original allowance and not the full allowance attached to the Medal itself. Where an officer, who has already been awarded the King’s Police and Fire Service Medal for gallantry, is subsequently awarded the Police Medal for a further act of gallantry, he should be paid the full allowance attached to the latter Medal in addition tot he original allowance.

(6) The medal for gallantry shall be worn next to and immediately after the PRESIDENT’S MEDAL for distinguished service.

(7) The award of the medal will not be a bar to the subsequent award of the PRESIDENT’S MEDAL.

(8) The medal is liable to be forfeited when the holder is guilty of disloyalty, cowardice in action or such conduct as in the opinion of the President, brings the force into disrepute.

(9) Recommendations for the announcement of awards for meritorious service on the 26^th January (Republic Day) and the 15^th August (Independence Day) should be forwarded so as to reach the Secretary to the Government of India, Ministry of Home Affairs, not later than the 1^st August and 1^st March, respectively, each year.

16.1 Authorised punishments – (1) No police officer shall be departmentally punished otherwise than as provided in these rules.

(2) The departmental punishments mentioned in the second column of the subjoined table may be inflicted on officers of the various ranks shown in the heanding Nos. 3 to 6, by the officers named below each heading in each case, or by any officer of higher ranks.

TABLE

1	2	3	4	5	6
Serial No.	Departmental punishment	Inspectors	Sergeants, Sub-Inspectors and Assistant Sub-Inspectors	Head Constables	Constables
1	Dismissal	Deputy Inspectors-General, Assistant Inspector-General, Government Railway Police, the Assistant

Serial No.

Departmental

Punishment

Inspectors

Sergeants, Sub-Inspectors, and Assistant Sub-Inspector

Head Constables

Constables

Reduction in rank

Stoppage of increment

Assistant Inspector General, Government Railway Police; Superintendents of Police, Assistant Inspector-General of Police (Traffic)

Ditto

Superintendents of Police. Also Deputy Superintendent (Administrative), Government Railway Police, and (as regards Sub-Inspectors and Assistant Sub-Inspectors only), Deputy Su8perintendent in-charge of Railway Police Sub-Division and officer-in-charge officer-incharge of the Police Recruits Training Centre, Amritsar

Ditto

Superintendent of Police, also senior Assistant Superintendent of Police Lahore, Deputy Superintendent (Administrative) Government Railway police, Deputy Superintendent –in-charge of Railway police Sub-Division and officer- in charge of the Police Recruits Training Centre, Amritsa

Ditto

Superintend of Police Deputy Superintendents ( Administrate) Government Railway Police, Deputy Superintendents in-charge of Railway Police- Sub Division Senior Assistant Superintend of Police Lahore; Officers-in-charge of Recruits Training Centre

1	2	3	4	5	6
4	Entry of censure	Superintendent of Police and Deputy Superintend ( Administrative ), Governemnt Railway Police	Superintendent of Police and Deputy Superintendent( Administrative), Government Railway Police, and (as regards Sub-Inspectors and Assistant Sub-Inspectors only) Deputy Superintendents in-charge of Railway Police Sub-Divisions and Officer-in-charge of the Police Recruits Training Centre, Amritsar	Superintendents of Police, also Senior Assistant Superintendent of Police, Lahore, Deputy Superintendent (Administrative), Government Railway Police, Deputy Superintendent incharge of Railway Police Sub-Division and Officer-in-charge of the Police Recruits Training Centre, Amirtsar	Superintendent of Police, also Senior Assistant Superintendent of Police, Lahore, Deputy Superintendent (Administrative),Government Railway Police, Deputy Superintendent incharge of Railway Police-Sub-Division and Officer incharge of the Police Recruits Training Centre, Amritsar, and subject to confirmation by the Superintendent of Police, any Assistant Superintendent of Police or Deputy Superintendent of Police of over three years’ gazetted service
5	Confinement to quarters for a period need exceeding 15 days	--	--	--	Superintendent of Police, also Senior Assistant Superintendent of Police, Lahore, Deputy Superintendent (Administrative), Railway Police, Deputy Superintendent in charge of Railway Police Sub-Division and Officer in charge of the Police Recruits Training Centre, Amritsar, and subject to confirmation by the Superintendent of Police, and Assistant Superintendent of Police and Deputy Superintendent of Police of over three years’ gazetted service Ditto

Punishment drill not exceeding 15 days Punishment drill not exceeding 10 days punishment drill not exceeding drill not exceeding 3 days

Ditto

Assistant and Deputy Superintendent Inspector

Sub-Inspectors

2 Where an order imposing any punishment mentioned in rule 16.1 has been passed by the Deputy Superintendent of Police, Lahaul and Spiti or the Assistant Superintendent of Police, Lahaul and Spiti, as the case may be, on any Government servant referred to sub-rule (1), an appeal against such order shall lie to the District Magistrate, Lahaul and spiti.

SYNOPSIS

1. Disciplinay action-Wrong rule quoted.

2. Distriction between ‘reduction” and stoppage of increment.

3. Expression ‘Reduction in rank’ in Article 311(2).

4. Forfeiture of approved service.

5. Order of dismissal by an authority lower in rank of the appointing authority.

6. Re-employed-Competency to hold enquiry as Police Officer.

7. Stoppage of increment or forfeiture of approved service.

COMMENTS

1. Disciplinary action Wrong rule quoted. Error is not fatal to enquiry. Inspector General of Police, Punjab vs. Amrik Singh, AIR 1973 Punjab 214=1973 Cur. LJ 45

2. Distinction between “reduction” and stoppage of increment. Rule 16(1) of the Punjab Police Rules makes a clear distinction between “reduction” and stoppage of increment or forfeiture of approved service for increment, the two being distinct and separate punishments permissible under that rule. State of Punjab vs. Shri Kishan Das, 1971(2) S.LR. 174

3. Expression “Reduction in rank” in Article 311(2). Respondent being constable, there was no question of his being reduced from a her post or rank to a lower post or rank. The order, nonetheless, reduced the emoluments received by him as it deprivted him of the increments earned by him as result of the approved service, he had put in having been forfeited. It also effected his seniority, and therefore, chances of promotion.

The expression ‘Reduction in rank’ in Article 311(2) of the Constitution of India means reduction from a higher to a lower rank or post when imposed as a penalty. An order forfeiting the past service which has earned a Government servant increments in the post of rank he holds, howsoever adverse it is to him affecting his seniority within the rank to which he belongs or his future chances of promotion, does not attract Article 311(2) of the Constitution of India. The remedy is confined to the rules of service governing the post held by Government servant. State of Punjab vs. Shri Kishan Das, 1971 (2) S.LR. 174.

4. Forfeiture of approved service. Section 7 of the Police Act, 1861, as applicable in the Union Territory of Delhi, had not been amended so as to incorporate the punishment of forfeiture of approved service. The respondents have not even field their counter affidavit. Thus it is to be held that during the relevant period when the said rule was enforced in Delhi the said punishment under Rule 16.1(2) could not be impunishment in question was imposed on the petitioner. Ram Pat vs. Union of India and others, 1984(3) S.LR. 756.

5. Order of dismissal by an authority lower in rank of the appointing authority. Submission is that the order of dismissal by an authority lower in rank to the appointment is that the order of dismissal by an authority lower in rank to the appointing authority alleged. The submission has no merit because it was a Senior Superintendent of Police who had promoted the petitioner to the rank of Head Constable by the order dated 27.2.1957 and the order of dismissal is by an officer holding the rank of Superintendent of Police. We cannot accept the contention that the dismissing authority was below the rank of the appointing authority. In both cases the authority was a Superintendent of Police. Seniority in service did not cause any disparithy in rank. We find support from the observation contained in a Full Bench judgment of his Court in Union of India vs. Surajbhan dated the 23^rd of May 1969 by which LPA No. 86-D/65 was disposed of. It was noticed in that judgment that in terms of Rule 16.1(2) of the Punjab Police Rules, 1934, a Superintendent of Police was expressly empowered to dismiss even an Assistant Sub-Inspector. The Full Bench had relied upon a decision of the Supreme Court reported in Union of India vs. Jagit Singh, 1969 Services Law Reporter 356. In our view, the Superintendent of Police was competent to pass the impugned order of dismissal because he was not subordinate to the authority namely, the Senior Superintendent of Police, by whom the petitioner had been appointed. Shri Ibqal Singh, Ex-Head Constable Police vs. Inspector General of Police, Delhi and others, 1971(2) S.LR. 257

6. Re-employed—Competency to hold enquiry as Police Officer. A re-employed Deputy Supdt. of Police who had previously retired as Deputy Supdt. of Police, was still a Police Officer after he was re-employed and as such was competent to hold enquiry as Police Officer. Union of Indai vs. Jagit AIR 1970 SC122= 1969 Cur. L.J. 438

7. Stoppage of increment or forfeiture of approved service It is undoubtedly true that some punishments would have been emumerated in both parts of Section 7. But there is nothing to suggest that this enumeration is fully exhaustive in nature. The types of punishments which are contemplated by Section 7 in both of its parts are merely enumerative. The section also does not say anything to the effect that no punishment other than that which is specified in the Section could be awarded to a delinquent officer. In our opinion, therefore, it is clear that Section 7 does not debar the rule make authority to prescibe the form of punishment which is not enumerated therein. That being the position, it is not possible to say that the punishment of stoppage of increment or forfeiture of approved service is in any manner contrary to the provisions of Section 7. Shri Bhagat Ram vs. Inspector General of Police, Himachal Pradesh and others, 1979(3) S.L.R. 256

(For Punjab)

16.2 Dismissal—Dismissal shall be awarded only for the gravest acts of misconduct or as the cumulative effect of continued misconduct proving incorrigibility and complete unfitness for police service. In making such an award regard shall be had to the length of service of the offender and his claim to pension.

(2) An enrolled police officer convicted and sentenced to imprisonment on a criminal charge shall be dismissed:

“Provided that in case the conviction of a police officer is set aside in appeal or revision, the officer empowered to appoint him shall review his case keeping in view the instructions issued by the Government in this behalf”.

(3) When a police officer is convicted judicially and dismissed, or dismissed as a result of a departmental enquiry, in consequence of corrupt practice, the conviction and dismissal and its cause shall be published in the police Gazette. In other cases of ployed elswhere, a full descriptive roll with particulars of the punishments, shall be sent for publication in the police Gazette.

(For Haryana)

16.2. Dismissal –Dismissal shall be awarded only for the gravest acts of misconduct as the cumulative effect of continued misconduct proving incorrigibility and complete unfitness for police service. In making such n award regard shall be had to the length of service of the offender a and his claim to pension.

“Explanation- For the purposes of sub-rule(1) , the following shall, inter alia, be regarded as gravest acts of misconduct in respect of a police officer, facing disciplinary action-

(i) indulging in spying or smuggling activities:

(ii) disrupting the means of transport or of communication;

(iii) damaging public property;

(iv) causing indiscipline amongst fellow policemen;

(v) promoting feeling of enmity or haltered between different classes of citizens of India on grounds of religion, race, caste, community or language;

(vi) going on strike or mass casual leave or resorting to mass abstention;

(vii) spreading disaffection against the Government; and

(viii) causing riots and the life’

(2) an enrolled police officer sentenced judicially to rigorous imprisonment exceeding one month or to any other punishment not less serve, shall, if such sentence is not quashed on appeal or revision, be dismissed. An enrolled police officer sentenced bya criminal court to a punishment of fine or simply imprisonment, or both or to rigorous imprisonment not exceeding one month, or who, having been proclaimed under Section87 of the Code of Criminal Procedure fails to appear within the statutory period of thirty days may be dismissed or otherwise dealt with at the discretion of the officer empowered to appoint him. Final departmental orders in such cases shall be postponed until the appeal or are vision proceedings have been decided, or until the period allowed for filling an appeal has lapsed without appellate or reversionary proceedings having been instituted. Departmental punishments under this rule shall be awarded in accordance with the powers conferred by rule 16.1.

(4) When a police officer is convicted judicially and dismissed, or dismissed as a result of a departmental enquiry, in consequence of corrupt practices, the conviction dismissal and its cause shall be published in the Police Gazette. In to there cases of dismissal when it is desired to ensure that the officer dismissed shall not be re-employed elsewhere, a full descriptive roll, with particulars of the punishments, shall be sent for publication in the police Gazette.

1. Absence without leave-Does not amount to gravest act of misconduct.

2. Adequacy or inadequacy of punishment.

3. Amendment-Prior approval of Central Government.

4. An act of police officer being drunk while on duty is an act of gravest misconduct.

5. Claim to pension not considered at the time of passing the order of dismissal.

6. Competent authority fully applied his mind before passing order of dismissal.

7. Conviction-Effective date of dismissal.

8. Departmental enquiry-Gailure to hold

9. Dismissal form service for being absent form duty.

10. Dismissal form service having consumed liquor on duty.

11. Dismissal form service on the charge of having committed gravest act of misconduct.

12. Dismissal form service-Limitation

13. Dismissal form service.

14. Dismissal shall be awarded only for the gravest act of misconduct

15. Dismissal-Absence form office.

16. Dismissal –After conviction in a criminal case.

17. Dismissal-Misconduct attributed-Whether was of the ‘ gravest’ type

18. Dismissal-Review- property of dismissal.

19. Expression ‘ the gravest act of misconduct- Meaning of.

20. Grave misconduct.

21. Grave act of misconduct while not being capable of being put in a strait jacket.

22. Gravest acts of misconduct-Meaning of.

23. Gravest misconduct.

24. Meaning of word ‘ Acts of Misconduct’

25. Mere absence form duty for a few days does not amount to an act of gravest misconduct.

26. Misconduct-Meaning of.

27. Nature of Rule 16.2—Operation of amendment.

28. New Plea-No grouse made before the appellate authority.

29. Non-observance of the provisions of Rule 16.2 (1) of the Rules

30. Order of dismissal based upon the conviction.

31. Order of dismissal not indicating that the punishment authority was alive to the length of service of the petitioiner.

32. Order or removal not disclosing that officers were conscious of the existence of Rule 16.2

33. Period of absence of the petitioner after he was suspended.

34. Petitioner along with the other Constable who participated in the drinking and firing dismissed.

35. Punishing Authority not recorded any finding that the act of the respondent amounts to the gravest act misconduct.

36. Punishment imposed wholly disproportionate to misconduct and not warranting dismissal form service.

37. Punishment not necessary for the punishing authority to specifically mention in the impugned order.

38. Punishment of dismissal can only be awarded on the ground of gravest act of misconduct.

39. Punishment of dismissal to be imposed only in cases of grave misconduct.

40. Punishment whether proportionate to allegations.

41. Revision

42. Rule talks of gravest acts of misconduct.

43. Suitability of punishment awarded by the head of department.

44. Term ‘ Misconduct’ does not necessarily imply corruption criminal intent.

45. Termination- Weather incumbent upon the authority before awarding the punishment to take in to consideration the lengthe of service and claim to pension of the delinquent employee.

COMMENTS

1. Absence without leave-does not amount to gravest act of misconduct. This Court has in a number of cases gone in to the matter in order to find to what would really constitute a gravest act of misconduct. A number of cases have been cited before us but we have chose to pick up only one which deals with the question of absence without leave. In Darshan Singh case, the learned single Judge has held that absence without leave for almost 13 months would not in the circumstance that case amoutn to the gravest act of misconduct. State of Punjab vs. Parlash. Chand, Constable, 1992 (1) S.L.R. 174.

2. Adequacy or inadequacy of punishment. It must also be mentioned here hat the punishment of dismissal form service should be awarded for gravest act of misconduct. According to rule 19, the punishing authority is to decide whether the punishment awarded is adequate or inadequate. On same principle, while deciding the review petition, the Reviewing Authority is to decide whether the punishment awarded is adequate or inadequate taking in to consideration the length or service, record of service and the nature of charges against the petitioner. Sucha Singh, Ex-Inspector of Police vs. State of Punjab and others, 1990 (4) S.L.R. 560.

3. Amendment-Prior approval of Central Government in Rule 16.2, by virtue of the change effected, does not in any way affect the conditions of service of a police employee. So, the question prior permission of the Central Government before effecting the amendment, as envisaged in Section 82 of the Act, does not arise. State Singh, Countable and others vs. State of Punjab and others, 1987 (4) S.L.R. 28.

4. An act of police officer being drunk while on duty is an act of gravest misconduct. The act of a police officer being frank while on duty would amount to an act of gravest misconduct within the meaning of rule 16.2(1) of the Rules. It is not necessary for the punishing authority to specifically mention in the impugned order about the length of service put in by a delinquent officer which was already a part of the record and was well-known. The learned Single Judge has set aside the impugned order of punishment taking this as the second ground. Accordingly, we upset the reasoning of the learned Single Judge in this regard. State of Haryana and others vs. Gurdev Singh, 1981 (3) S.L.R. 130

5. Claim to pension not considered at the time of passing the order of dismissal. The impugned order doe not indicate that the punishing authority examined the claim of the plaintiff for pension having regard to the length of his service. It is undisputed that the plaintiff had 7-1/2 years service to his credit on the date the order of dismissal was passed. The rule enjoined upon the disciplinary authority while awarding the punishment of dismissal from service to take into consideration the length of service of the delinquent official and his claim to pension. The impugned order does not indicate that the disciplinary authority took into consideration the length of service of the plaintiff and his claim to pension. The order of dismissal being in violation of the statutory rule was rightly held to be invalid. The judgments of the Courts below suffer from no infirmity. The same are upheld. State of Haryana and another vs. Lachman Singh through L.Rs., 1991(2) RSJ 398

6. Competent authority fully applied his mind before order of dismissal. The order of dismissal passed on 24.4.1976 is illegal and void because no show-cause notice was given to the plaintiff-respondent before passing the impugned order of dismissal. In support of his argument the learned counsel has relied upon a decision of the Supreme Court in Divisional Personnel Officer, Southern Railway and another vs. T.R. Challappan, (1976)1 SCR 783, which has been overruled by a later decision of the Supreme Court in Tulsiram Patel’s case (supra). The plaintiff-respondent was convicted and had to undergo rigorous imprisonment for six moths. The Senior Superintendent of Police, who was the appointing authority, passed the impugned order Exhibit P-1 on 20.4.1976 dismissing the plaintiff-respondent from service. The order is a detailed one and it clearly shows that the punishing authority had fully applied its mind while passing the order. No show-cause notice was necessary to be issued to the plaintiff-respondent in this behalf. The impugned order is, therefore, legally valid. The finding of the lower appellate Court on issue Nos. 1 is set aside. Issue No. 1 is, therefore, decided against the plaintiff-respondent . State of Punjab and others vs. Nachhattar Singh, Constable, 19991 (5) S.L.R. 451=1991(1) RSJ 368

7. Conviction—Effective date of dismissal. The petitioner shall be presumed to be in the know of rule 16.2 (2). It was, therefore, within the knowledge of the petitioner that he stood dismissed from service in terms of rule 16.2(2) consequent upon the dismissal of his criminal appeal by the High Court on 28.9.1973. The contention of the learned counsel for the petitioner that the impugned order of dismissal shall be effective w.e.f. 3.5.1978 when it was communicated to the petitioner cannot be upheld.

The petitioner has been dismissed from police force w.e.f. 30.8.1972 when he was convicted and sentenced by the Sessions Judge, Roper. The petitioner stood dismissed from service or a formal order of his dismissal could be passed w.e.f. 28.9.1973 when his criminal appeal was dismissed by the High Court. The petitioner, therefore shall be taken to have been dismissed from police force w.e.f. 28.9.1973 and not w.e.f. 30.8.1972. Sucha Singh vs. State of Haryana and others, 1983(3) S.L.R. 11

8. Departmental enquiry—Failure to hold. The provisions of Article 311(2)(b) have been arbitrarily invoked in this case. The findings have been arrived at the recorded by the Deputy Inspector General of Police, on the basis of suspicion and confidential inquiry. These inquiries cannot take the place of a regular inquiry as envisaged in Article 311(2) of the Constitution, read with Section 16.2 of Punjab Police Rules. I am of the opinion that it was obligatory on the Deputy Inspector General of Police in the present case to hold an inquiry as laid down in Article 311 read with Rule 16.2 of Punjab Police Rules. Failure to hold an inquiry would render the impugned order of dismissal from service as illegal and void. Darshan Singh vs. State of Punjab and another, 1991(4) S.L.R. 102

9. Dismissal from service having consumed liquor on duty. No doubt, even a single act of misconduct can, in a given situation, amount to the gravest act of misconduct, but the mandate of the rule making authority is clear that the punishment of dismissal from service has not to be awarded in a misconduct of ordinary nature. Ram Kishan vs. State of Punjab & Ors., 1990 (2) S.L.R. 488

10. Dismissal from service—Limitation. The High Court should have examined the plaint for finding out the cause of action for the suit and then in that light determined the correct article of the Limitation Act applicable to the case. Serious objection has been taken against the observations of the first appellate Court permitting the competent authority to inflict only moron punishment on the plaintiff in certain conditions and the direction about the payment of the salary and the other emoluments. After hearing the learned counsel for the parties, we agree with the appellants that the question involved in this suit should not have been lightly brushed aside by the high Court in the manner it has been done. We, therefore, set aside the judgment of the High Court and remit the case to if for fresh disposal in accordance with law. It will be open to the appellants to file an application for admitting additional evidence in regard to the further orders passed against Kahan Singh subsequent to the civil Court’s decree in his favor, and to argue before the High Court that the case of the present plaintiff is distinguishable. The High Court should call for the records and decide the case finally at the motion stage itself as the case is an old one. In the event of admission of fresh evidence, the high Court shall permit the plaintiff to file relevant rebutting evidence. State of Punjab and others vs. Nachhattar Singh, 1990(4) S.L.R. 264

11. Dismissal from service. Punishment of dismissal from service has not to be awarded in a misconduct of ordinary nature. Ram Krishan Constable No. 141 vs. The State of Haryana through the Director General of Police (Inspector General of Police ), Haryana at Chandigarh and others, 1990(1) RSJ 637

12. Dismissal from service. Second appeal by State dismissed in limine by High Court SLP. Service questions of law involved. Case remanded to High Court for first disposal in accordance with law. State of Punjab and other vs. Nachhattar Singh, 1990(2) RSJ 71

13. Dismissal from service for being absent from duty. A particular act may be grave or the gravest but an act complained of may not be such that is must necessarily prove incorrigibility and complete unfitness for police service. The dictionary meaning of work ‘incorrigibility’ is bad, beyond correction or reform. Only such a person can be said to be incorrigible who cannot be reform. Only such a person can be said to be incorrigible who cannot be reformed or corrected. When the word ‘incorrigible’ is used as an adjective, it relates to a person in a particularly given situation may be held guilty of commission one of the gravest acts but the punishing authority may still be of the view that such a person is not incorrigible and he can be reformed or corrected. The punishing authority may also be of the view that a person cannot be described to be one who is completely unfit for police service. State of Haryana vs. Lakhan Lal, 1991(4) S.L.R 82= 1991(3) RSJI 530

14. Dismissal form service on the charge of having committed gravest act of misconduct. It has been held that “no doubt Constable Ranjit Sing at Bakshikhana was responsible for the escape of Jagir Singh but the petitioner does not get absolved of his responsibilities as Incharge of the escort guard”. As it is the case of department itself that the petitioner was not directly responsible as such, but he being over all Incharge, was found guilty for the lapses on his part, it required consideration by the Appellate Authority as regards the punishment awarded. Under these circumstances, the order passed in appeal 04.08.1986 ( Annexure P-3) is quashed with the direction that the matter may be reconsidered by the Deputy Inspector General of Police and appropriate order which he may think fit be passed afresh. Balbir Singh vs. State of Punjab and others 1989(4) S.L.R 42- 1989(2) RSJ 540.

15. Dismissal from service. Constable is found under the influence of liquor while on duty is guilty of such grave misconduct which would entail his dismissal from service/ Ex Const. Koginder Singh vs. The State of Haryana and others, 1990(2) RSJ 757

16. Dismissal shall be awarded only for the gravest acts of misconduct. The Deputy Inspector-General has, however, made his mention in this impugned order Annexure P.8 the present single act of the appellant is of gravest nature and his case in no way deserves leniency. This observations has been made by the Deputy Inspector General in the context of this service record of the petitioner on the basis of which it was pointed out to him that the petitioner had by that time rendered nine years’ unblemished service and had done commendable work during the Indo-Pak War of 1971. But even this observation or the consideration by the Deputy Inspector General of Police falls for shot of the requirements of sub-rule(1) of Rule 16.2 ibid. It has nowhere been recorded by any of the authorities concerned that the petitioner was guilty of such ‘gravest’ acts of misconduct. The cumulative effect of which can go to prove incorrigibility and complete unfitness for police service. In the absence of such a finding the respondent authorities could not resort to the punishment of dismissal on the basis of the charge established against the petitioner. It is beyond dispute that the provisions Rule 16.2 are mandatory in nature and any order in violation of the same has necessarily to be set aside. Sukhdev Singh vs, State of Punjab and others, 1983(2) SLR 645

17. Dismissal Absence from office. After recording the evidence it has been categorically found by the Enquiry Officer in Annexure P.13 that “the sanction of the Deputy Inspector General of Police, Gurgaon, was obtained on June 2, 1983, but Constable Shiv Charan did not reach Gurgaon till then. Thereupon, the Superintendent of Police ( Irrigation Department ) Chandigrah was approached, who replied that Constable Shiv Charan was relieved from the office on May 17, 1983 and he had not attended the officer thereafter. His whereabouts were required from the given address, but his house found locked.” This is primarily a finding on fact and, therefore, cannot be challenged in this writ petition. There is no error apparent on the face of the record, even if two views were possible form the evidence, the view taken by the Enquiry Officer and the punishing authority could not be said to be illegal as to be interfered with in the writ jurisdiction, The scope of the writ jurisdiction is very limited and it is not in the nature of the appeal. Shiv Charan, Constable vs. The Superintendent of Policem Gurgaon and ors., 1988(3) S.L.R 253

18. Dismissal After conviction in a criminal case. A Government servant cannot be dismissed from service merely on the ground that his conviction was recorded on a criminal charge by a criminal court. In others words dismissal from service after conviction on a criminal charge is not essentially on automatic consequence of said conviction and the competent authority has to consider all the circumstances of the case and then to decide whether the conduct of delinquent official which led to his conviction is such as to render his further retention in public service understandable. In support of his submission, the learned counsel relied upon Om Parkash vs. The Director Postal Services ( Posts and Telegraph Deptt ) Punjab Circle, Ambala and others, AIR 1973 Punjab and Haryana 1 and Gurbachan Dass vs. The Chairman, Posts & Telegraphs Board, Ministry of Communication, Government of India, New Dehli and others, 1983(1) SLR 729. In Om Parkash’s case ( Supra ) the Bench was interpreting Rule 19(i) of the Central Civil Service ( Classification, Control and Appeal ) Rules, 1965 ). Interpreting this rule, the Bench held that an order of dismissal or removal or for compulsory retirement can be passed under the rule 19(i) (without conforming to the procedure prescribed in Rule 14 to 18 ) not on the basis of the conviction, but only if the competent authority finds that the relevant misconduct of the Government servants renders his further retention in public service undesirable. An order imposing a punishment on a Government servant simply because of his conviction on account of his conviction on a criminal charge without reference to the conduct which led to his conviction on a criminal charge without reference to the conduct which led to his conviction is not sustainable. Randhir Singh, Ex-Constable vs. State of Haryan and others 1991(3) S.L.R. 719.

19. Dismissal – Misconduct attributed – Whether was of the ‘gravest’ type. The penalty of dismissal from service can be awarded only for ht gravest act of misconduct and the penalty of dismissal from service could not be imposed on the petitioner on the proved facts and circumstances of the case. It was incumbent on respondent No.3 to come to a finding that the misconduct attributed to the petitioner was a gravest act of misconduct. It was also necessary for the punishing authority to take into consideration the length of service of the offender and his claim to pension before he could be awarded the penalty of dismissal from service. The disciplinary authority did not take note of the mandatory provisions of the aforesaid sub-rule before passing the order of dismissal.

The disciplinary authority also did not take into consideration the length of service of the petitioner for his claim to pension before awarding the penalty of dismissal .

On this ground too, the order of dismissal from service cannot sustained. Bhim Singh vs. State and others, 1991 (3) S.L.R. 721=RSJ 408

20. Dismissal—Review –Property of dismissal. – As to the effect of the order of the Deputy Inspector-General dated 22^nd November 1978, setting aside the earlier dismissal order dated 3^rd October 1977, passed by the Senior Superintendent of Police, it may observed that the same, VIZ., the earlier order dated 3^rd October, 1977, passed by the Superintendent of Police was clearly illegal as it had been passed in violation of the provisions of unamended rule 16.2 of the Police Rules because under the unamended Police Rule 16.2, as already observed, the orders of dismissal have to await the decision of the appeal or the revision, but the Senior Superintendent of Police passed the order of dismissal during the pendency of the appeal. It was, therefore, rightly set aside by Duputy Inspector General of Police by his order dated 22^nd November, 1978. The impugned order dated 11^th June, 1979 has been passed by the competent authority under rule 16.2 as amended, which of the employee concerned. This order cannot be said to be an order of review of the order of the D.I.G., dated 22^nd November, 1978, Satnum Singh, Constable and others vs. State and others, 1987(4)S.L.R 28

21. Expression “the gravest act of misconduct” Meaning of. – The first contention raised on behalf of the petitioners is that although he was admittedly guilty of misconduct, such misconduct could not be classified as “the gravest act of misconduct” within the meaning of the sub-rule. The contention appears to be well-founded. It is true that generally speaking, it is for the punishing authority to determine the seriousness of the misconduct and to decide upon the suitability of punishment and it is not within the ambit of the powers of this Court to interfere with the direction of that authority. But then there is an important exception to this rule and that is the Court will strike down in order which has been passed want only or arbitrarily (vide Bhagwat Parsad vs. Inspector General of Police and others, 1967 SLR 807). In the present case it was incumbent on respondent No. 3, before he could award the punishment of dismissal, to come to a finding that the misconduct attributed to the petitioner was a “gravest act of misconduct”. It is true that in the context in which that expression is used it does not mean an act which is absolutely the worst act of misconduct and means, on the other hand, an act denoting a very high degree of misconduct he posed to a merely grave or a very grave act of misconduct (Bhagwat Prasad’s case, supra). But then it appears to me that respondent No. 3 when awarding the punishment was not alive to the provisions of the sub-rule otherwise he would not only not have awarded the punishment of dismissal without coming to a finding that the misconduct attributed to the petitioner was to the “gravest” type but would perhaps not have awarded that punishment at all for the reason that the misconduct even though grave was not of the “gravest” type. The lack of a finding about the misconduct being of the requisite type makes the impugned order arbitrarily in nature and, therefore, liable to be quashed.

According to the sub-rule, the punishing authority is duty bound to take into consideration the length of service of the offender and his claim to pension before it can award the penalty of dismissal. The relevant part of the sub-rule is mandatory in character and an order passed in disregard of it cannot be upheld. In the present case the petitioner had to his credit about 27 year, of service on the date when the impugned order was passed and this factor was completely ignored by respondent No. 3 when awarding dismissal. Had the relevant factors been taken into consideration by respondent No. 3 the punishment may well have been much lighter. Gurdev Singh vs. State of Haryana and others, 1976(2) S.L.R. 442.

22. Grave misconduct – The punishing authority has clearly stated that the act of the respondent being drunk while on duty in broad day light amounted to an act of gravest misconduct as contemplated by rule 16.2(1) and that the impugned order was passed on this basis. While imposing the punishment, it was taken into consideration that the respondent was posted as State House Officer, incharge of Police Station, Ladwa, and while noticing this fact in the impugned order it was clearly established that the punishing authority was aware of the long service of the delinquent officer. As both the things were present to the mind of the punishing authority and he passed a well-considered and detailed order in seven page, we are of the opinion that it is not a fit case for quashing the same with a direction of reconsideration of the matter. The order of dismissal, in our opinion, is well-based and is within the rule and is neither arbitrary nor wanton. For the reasons recorded above, we hold that the act of a police officer being drunk while on duty would amount to an act of gravest misconduct within the meaning of rule 16.2(1) of the Rules. State of Haryana and others vs. Gurdev Singh, 1981(3) S.L.R. 130

23. Gravest acts of misconduct—Meaning of . It cannot be said that a single act of misconduct however grave, can never result in dismissal. What really matters is the enormity of the misconduct. The words “gravest acts of misconduct” are incapable of definition. One has to apply one’s mind to the words and give a meaning to each of them in the light of the actual deed, situation and circumstances. “Misconduct” in order to earn the epithet of gravity has to be gross or flagrant. Consequently the degree of misconduct to justify dismissal has to be higher or more serious. The use of the superlative degree appears to be intended to indicate a supereminence, or a very high degree of misconduct, and not, that the degree should be so high or so low as cannot be outclassed or excelled. It is for the Police Officer who Judge the infraction of the Police Rules to determine the seriousness of the misconduct and to decide upon the suitability of the punishment. It will not be within the powers of the High Court, when petitioned to issue writ of certiorari, mandamus, etc., to interfere with the discretion of the heads of the departments when it has not been exercised want only or arbitrarily. The reasons which induce the punishing authority, if there has been an enquiry consistent with the prescribed rules, are not justiciable; nor is the penalty open to review. Bhagat Parshad vs. Inspector-General of Police, AIR 1970 Punjab 81 = 1970 P.L.R. (S.N.) 2.

24. Gravest act of misconduct while not being capable of being put in a strait jacket – In Bhagwat Parsad’s case the word ‘misconduct’ used in the rule has been analyzed and it has been emphasized that a distinction has to be drawn between ‘misconduct’, ‘simplicities’ and ‘grave misconduct’. It has also been held that the gravest act of misconduct while not being capable of being put in a strait jacket or confined to a definition must, however, relate to an action which is of the utmost gravity and grossly flagrant. It implies a matter of the utmost seriousness. State of Punjab vs. Parkash Chand, Constable, 1992(1) S.L.R. 174

25. Gravest misconduct – This Court is of the considered view that even one act of misconduct would be sufficient to attract the applicability of rule 16.2(1) provided the act is gravest. The gravest act, of course, is incapable of any strict definition. The distinction has to be drawn by the punishing authority between misconduct and grave misconduct. Misconduct should not be of an ordinary nature and it has to be of a serious nature. The use of the word ‘gravest’ only means that it has to be of a superlative degree than what a particular act can just be described to be ‘grave’. The gravest act does not mean that the number of acts complained of should be more than one. The use of the word ‘act’ in rule 16.2(1) can be said to include a single gravest act of misconduct. It has to be held order to give effect to the legislative intendment that the word used in plural in rule 16.2(1) would be deemed to include the ‘singular’. If the punishing authority comes to the conclusion that a particular act of the police official was one of the gravest, surely it would not be necessary to wait for the commission of a second act of grave nature by the police official. If such an interpretation is to be taken to the words ‘gravest’ acts of misconduct’, the delinquent police official would commit a heinous crime in order to contend that he does not fall within the mischief of rule 16.2(1). In view thereof a single act of misconduct of gravest nature is good enough for invoking the aid of rule 16.2(1) to award punishment of dismissal. However, a single act or number of acts of misconduct of a police official must prove incorrigibility and complete unfitness for police service. Sate of Haryana vs. Lakhan Lal, 1991(4) S.L.R. 82 = 1991(3) RSJ 530.

26. Meaning of word ‘Acts of Misconduct’ – The contention that there must be

plurality of acts of misconduct does not appear to me to be sound as this interpretation can lead to absurd results. Taking an extreme illustration, can it be said, that the framers of the Police Rules contemplated, that if a foot constable were to subject a high police officer to a wanton and serious assault, or were to be guilty of a single act of gross insubordination, the punishment of dismissal could not be imposed, unless such conduct was repeated at least once. The use of the word ‘acts’ does not exclude a single act of misconduct. In order to give effect to the legislative intent, the words in plural number may be construed to include the singular; and the words importing the singular only, may be applied to plurality of acts, things of persons. In order to gauge gravity of misconduct, what matters, is not frequency, as obliquity or delinquency. I cannot persuade myself to accept the argument that a single act of misconduct, howsoever grave, can never result in dismissal. What really matters is the enormity of the misconduct. “Misconduct” is a generic term and means “to conduct amiss; to mismanage; wrong or improper conduct; bad behaviour; unlawful behaviour or conduct”. It includes malfeasance, misdemenanour, delinquency and offence. The term “misconduct” does not necessarily imply corruption or criminal intent. Bhagwat Parsad vs. Inspector General of Police and others, 1967 S.L.R. 807.

27. Mere absence from duty for a few days does not amount to an act of gravest

misconduct – Achhar Singh respondent joined service of the Police Department at Amritsar on 12^th July, 1956, as a Constable. A departmental inquiry was initiated against him on the allegation that on 19^th December, 1975, he was found absent from duty at the time of evening roll call and remained absent from duty for seven days without obtaining any leave or prior permission. This act was considered by the authorities as a “gross misconduct” on his part and an inquiry was ordered against him as a result of which he was dismissed from service. This order was challenged in a civil suit but the same was dismissed. In appeal, the learned lower appellate Court reversed the finding of the trial Court and decreed the suit of the plaintiff and after thorough consideration of the evidence on record came to the conclusion that dismissal form service of the plaintiff-respondent on this ground was wholly arbitrary and violative of Rule 16.2 of the Punjab Rules 1934.

After hearing the leaned counsel for the appellant, I am in complete agreement with

the conclusion arrived at by the leaned lower appellate Court. The mere absence form duty for a few days does not amount to an act of gravest misconduct the cumulative effect of which may go to prove incorrigibility and complete unfitness of the employee for Police service. Therefore, dismissal form service on such a charge cannot be upheld. Absence form duty State of Punajb and another vs. Achhar Singh 1991 (4) S.L.R. 539.

28. Misconduct-Meaning of. “Misconduct” is generic term and means “ to conduct amiss; to mismanage; wrong or improper conduct; had behaviour; unlawful offence. The term “misconduct” does not necessarily imply corruption or criminal intent. Bhagwat parshad vs. Inspector-General of Police Punjab AIR 1970 Punjab 81.

29. Nature of Rule 16.2. Operation of amendment Rule 16.2 of the Punjab Police Rules is procedural one which are always retrospective in nature unless expressly made prospective. Satnam Singh, Constable and other vs. State of Punjab and other 1987 (4) S.L.R. 28.

30. New Plea- No grouse made before the appellate authority. Not only that, the plaintiff did not file any reply to the show case notice. The Deputy Inspector General of Police while dealing with the appeal specifically observed, “ that the appellant, however did not submit any reply to the show case notice. There no mistigating circumstances in this case to justify any lenient view of the misconduct. “It appears that the plantiff never made many grouse on this score before the authorities concerned and that being so he cannot be allowed to agitate this point in the suit. State of Punjab and others vs. Ex-Constable no. 500 Buir Singh 1987 (5) SL.R. 175.

31. Non-observation of the provisions of Rule 16.2 (1) of the Rules. The order of dismissal form service passed in this case is clearly appeased tot he mandatory provisions of Rule 16.2 of the Punjab Police Rules. Lately, it is difficult to appreciate when the Inspector Sham Nath has been ordered to be reinstated after the judgment of the District Judge dated 26.8.1986 ( Annexure P.2) and the order of the High Court dated 16.1.1987 ( Annexure P.3) whey the petitioner who stands in the same position should be dismissed form service. This shows that the order passed in this case is clearly discriminatory and violative of Article 14 of the Constitution of India. Moreover, the appellate authority did not afford any personal hearing to the petitioner before dismissing the appeal. It has been authoritatively laid down by the Supreme Court that in a case where pre-decisional inquiry is not held, as contemplated under Article 311(2) of the Constitution of India, it is obligatory on the appellate authority to give personal hearing to the officer concerned. Darshan Singh vs. State of Punjab and another, 1991 (4) S.L.R. 102=1992 (3) RSJ 512.

32. Order of dismissal based upon the conviction. Order of the dismissal was based upon the conviction of the petitioner. Placing reliance upon the provision of the unattended sub-rule (2) of Rule 16.2 of Punjab Police Rules , 1934, the authorities concerned considered that the petitioner had become disqualified for being retained in service because of his having suffered the conviction mentioned in the impugned order. In that view of the matter it is not possible to hold that in terms of the unattended rule 16.2 of Punjab Police Rules, 1934, the order of dismissal would not be against the provisions of Section 12 of Probation of Offenders Act, 1958. Order of dismissal did not show that it was based merely on the conviction and that the competent authority had ever by itself considered the nature and gravity of the offence and had recorded its own conclusion that the retention of the petition in service was prima facie undesirable. In view of the clear language of the impugned order of dismissal the competent authority could not place reliance on the amended sub-rule (2) of Rule 16.2 Punjab Police Rules 1934. Shri Iqbal Sindh, E Head Constable Police vs. Inspector General of Police, Delhi and others, (1971 (2) S.L.R. 257

33. Order of dismissal not indicating that the punishing authority was alive to the length of service of the petitioner. The punishing authority was not alive to the fact regarding length of service, previous service record and the conditions in which the incident of firing had taken place. The part played by the delinquent was also not taken in to consideration. Even assuming the act to be the gravest act of misconduct, the second part of the rule, has not been complied with, as the complete unfitness for police service, the length of service, incorrigibility and claim to pension had not been considered. In the order also there is no indication that the punishing authority was alive to the above-said elements of the rule. Apparently, there is a complete violation of rule 16.2 of the Police rules. The counsel for the appellant has not been complied with. The Division Bench judgment cited by him has no parallel on the facts of the present case and the said judgment was on it own facts which are not pari materia with the facts of the present case. Punjab state and another vs. Balwant Singh Ex-Constable, 1989(4) S.L.R 105.

34. Order of removal not disclosing that officer were conscious of the existence of Rule 16.2. Order of the Superintendent of Police and the Inspector General of Police, Annexure P.6 and P.10 respectively do not disclose that those officers were even conscious of the existence of this Rule. These orders are completely silent so far as this aspect of the matter is concerned. The Deputy Inspector-General has, however, made this mention in this impugned order Annexure P.8 the present single act of the appellant is of gravest nature and his case is no way deserve leniency. This observation has been made by the Deputy Inspector general in the context of the service record of the petitioner on the basis of which it was pointed out to him that the petitioner had by that time rendered nine year’s unblemished service and had done commendable work during the Ido-Pal War of 1971. But even this observation or the consideration by the Deputy Inspector General of Police fails far short of the requirements of sub-rule (1) of Rule 16.2 ibid. it has now here been recorded by any of the authorities concerned that the petitioner was guilty of such ‘ gravest’ acts of misconduct, the cumulative effect which can go to prove incorrigibility and complete unfitness for police service. Ram Partap Constable vs. State of Haryana and others, 1989 (4) S.L.R 50= 1989 (2) RSK 566

35. Period of absence of the petitioner after he was suspended. Absence of 174 days could not be a ground for dismissal of the petitioner. the period prior to his suspension was hardly about 46 days. It is not for this Court to adjudicate as to whether on proof of the allegation of absence of 46 days. Munshi Ram vs. State of Haryana 1991(2) RSJ 345.

36. Petitioner along with other Constable who participated in the drinking and firing dismissed. After going through the enquiry file exhibit P. 3, it can be safely concluded that there is nothing on the record to show that the punishing authority was alive to the mandatory requirements of the rules or the fact regarding his length of service was considered. the service record was not on the enquiry file. The punishing authority was not alive to the situation or the circumstance in which the firing had taken place. He further contends that the State has in the case of a co-delinquent officer accepted the civil Court’s verdict holding the impugned order bad and has reinstated him. The State cannot be permitted to deal with the persons accused of the same laps in the same incident differently, in particular when the facts attributed to the other delinquent are of more serious nature. He further contends that since the order of dismissal has been passe in violation of the mandatory provisions of law, that is rule 16.2 of the Punjab Police Rules, it is void order and need not be got seld aside as there is no requirement of law to get a void order set aside. Punjab State and another vs. Balwant Singh, Ex-Constable, 1989 (4) S.L.R. 105.

37. Punishing Authority not recorded any finding that the act of the respondent amounts to the gravest act of misconduct. It is essential for the Punishing Authority to apply its mind and to record a specific finding as to whether the conduct of the delinquent official which has been complained of is of such grave nature that it must lead inflexibly to his dismissal. As already indicated above, reliance has also been placed by the respondent on Gurdev Singh’s case, in which the respective scope of rules 16.2 and 16.24 (1) were discussed. It was held by the learned single Judge that that it was incumbent upon the Punishing Authority to record a finding that the misconduct attributed to the delinquent official was the gravest act of misconduct and in the absence of such a finding the order could not be sustained. State of Punjab vs. Parkash Chand, Constable 1992 (1) S.L.R. 174.

38. Punishment imposed wholly disproportionate to misconduct and not warranting dismissal form service. The punishment for the misconduct with ASI Ganapat Ram that he can do what ever he likes, cannot be constructed as a gravest act misconduct deserving dismissal from service. The Dy. Inspector General of Police has come to conclusion that the charge was of misbehaving in rude and insubordinate manner and that had been established against the appellant. As we have extracted the allegation of charge and summary of allegations, it nowhere state that he behaved in a rude and insubordinate manner. The police is a disciplined force and the gravest act of misconduct can be a justification for an order of dismissal. The appellant was shabbily dressed and his hair were not cut. The ASI asked the appellant the reasons for not being properly dressed and why he did not get his hair cut. The appellant did tell the ASI that “ Cutting Karai To Hai” and Meri Bhi Vesi Hai Jaisi Auron Ki Hai”. This misbehavior does not warrant an order of dismissal form service. We are satisfied that the punishment imposed is so wholly disproportionate to the misconduct that it pricks our conscience. Kem Chand Constable vs. Union of India and others 1989 (5) S.L.R. 503= 1989 (2) RSK 179.

39. Punishment of dismissal cab only be awarded on the ground of gravest act of misconduct. The dismissal order could be passed only if the act attributed was he gravest act of misconduct or the cumulative effect of continued misconduct proved incorrigibility and complete unfitness of police service. Punjab State vs. Singh, Ex-Head Constable 1988(7) S.L.R. 493

40. Punishment of dismissal to be imposed only in cases of grave misconduct. If Rule 16.2 (1) of the Punjab Police Rules and Rule 8 read with Rule 10 of the Delhi Police Punishment and Appeal Rules 1980 are compared it may be seen that there is no inconsistency between them. In fact, both the provisions state that the misconduct must be very ‘ grave’ and continued, indicating incorrigibility and complete unfitness for Police service. It is thus seen that while awarding the sentence the Disciplinary Authority must applets mind closely to the nature of the misconduct. it must be very grave. It cannot be said that the temporary misappropriation of a utensil from a mess is such a grave misconduct. But what is more important is that neither the Disciplinary Authority nor the Applied their min d to the requirement of the statutory provisions before warding the sentence of dismissal. It was incumbent on the said Authorities to look to the past record of the petitioner and to find out whether there is any history of “ Continued misconduct” Neither the order of the Disciplinary Authority nor the order of the Appellate Authority disclose any past record of the petitioner. The requirement of the statutory provision is that it may be shown that the delinquent is incorrigible. A history of past record showing the proceedings or warnings to the petitioner would have thrown light on this aspect of the misbehavior but the orders are silent. So also the rules require that a delinquent must be found to be complete unfit for working in the police force. This is in contradistinction to the unfitness to work in a particular rank. The Disciplinary Authority and the Appellate Authority have not looked at this aspect of misconduct also. Considering the nature of the misconduct and the statutory requirements I hold hat the discretion has not been properly exercised by the Disciplinary Authority and the Appellate Authority and the punishment of dismissal is awarded in branch of the said statutory requirements. The punishment is too serve as compared to the misconduct . Sukbir Singh vs. the Deputy Commissioner of police, New Delhi and others, 1984 (2) S.L.R. 149.

41. Punishment not necessary for the punishing authority to specifically mention in the impugned order. We also agree with the leaned counsel for the State that is not necessary for the punishing authority to specifically mentioned in the impugned, order about he length of service put in by a delinquent officer which was already a part of the record and was well-known. The learned Single Judge had set aside the impugned order of punishment taking this as the second ground. Accordingly, we set the reasoning of the leaned Single Judge in this regard. This in view of the said judgment in the Letter Patent Appeal, the appeal is liable to be accepted. State of Punjab and others vs. Ex-Constable No. 500 Bur Singh, 1987 (5) S.L.R. 175.

42. Punishment whether proportionate to allegations. As regards that protection of rule 16.2 (I) claimed by the petitioner the rule reads as follows, 16 .2 (I) dismissal shall be awarded only for the gravest acts of misconduct or as the cumulative effect of continued misconduct proving incorrigibility and complete unfitness for police service. In making such an award regard shall be to the length of service of the offender and his claim to pension “ Form the impugned order dated 24.2. 79, it is clear that the petitioner under the influence of liquor demanded more liquor form private person within his jurisdiction and demanded English liquor on the pretext of given g the same to the S.P. and DSP to get some transfer order cancelled. He also demanded money from the same person and threatened him with knife when he expressed his inability to pay that mount. Then the petitioner is allege to have taken Rs. 50 from another person and beat a third person. A number of people collected and caught him and handed him over to the police. Thus, the alleged conduct of the petitioner comprised being under the influence of liquor in public place demanding money and liquor from another person, falsely implicating higher officers on his illegal acts, infliction injuries on another person and unruly behaviour in presence of members of public. We feel that the order of dismissal cannot be said to be disproportionately harsh as compared to the reprehensible conduct of the petitioner.

As regards violation of the provisions of Rule 16.3 and 16.38 we find that rule 16.3 regarding removal from promotion list is not relevant to the case. As regards 16.38 we agree with the respondents that giving information to the District Magistrate as prescribed in this rule is mandatory when any complaint is received by the S.P. indicating commission by a police officer to a criminal offence in connection with the official relations with the public. Since in this case the petitioner was not discharging his duties vis-à-vis persons from whom he demand liquor and money but acting in his individual capacity, provisions of rule 16.38 are not attracted. Mehak Singh Union of India etc., 1987(2) S.L.R. 357

43. Revision. An application for mercy is competent only in case where the order is passed by the Inspector General himself and in such a case no revision lies to him. Inspector General of Police vs. Balbir Singh, 1937 Cur. LJ 376

44. Rule talks of gravest acts of misconduct. It was held that the said part of the sub-rule was mandatory in character and the order passed in disregard of it could not be upheld. The same view was taken in an unreported short decision in Civil Writ Petition No. 3037 of 1977 by a division Bench consisting of A.D. Koshal and R.N. Mittal, JJ (as their Lordships then were). It was held that it was incumbent on the Appointing Authority to take into consideration the provisions of Rule 16.2 before awarding the penalty of dismissal from service and same having not been considered by the Authorities, the order of dismissal was quashed, by order dated 16.11.1977. The same view has been followed in two decisions in Rattan Lal, Ex-Constable vs. The State of Haryaba and others, 1983(2) SLR 645. I have gone through the order of dismissal passed by the Superintendent of Police as well as the orders passed by the Deputy Inspector-General of Police in appeal and revision respectively. The Superintendent of Police in his order held that the respondent was on an important duty as Gumman with the Deputy Commissioner and the misconduct proved against him amounted to serious infraction of discipline while being a Member of the Disciplined Force. There is nothing in the order to even remotely suggest that the Punishing Authority was alive to the provision s of rule 16.2, either with regard tot eh gravity of the misconduct or the delinquent being habitual in indulging in gravest type of misconduct or that he had put in, as I am informed at the Bar about 17 years of service, and would qualify for pension after putting another three- four year’s service. The order passed by the Deputy Inspector General of Police in appeal also fails to show that he had in mind the provision of the above rule while disposing of the appeal. In the order of the Inspector-General of Police, all that was that the misconduct on the part of the alleged delinquent was “very grave” and that he was rightly dismissed from service. Again, there was nothing to show in the order that provision of the above rule were kept in view. As the provision of rule 16.2 have been held to be mandatory, failure of the authorities to take due notice of the same and passed and appropriate order is suffuicient to vitiate the order. State of Punjab and another vs. Ram Singh, 1989(3) S.L.R. 629=1992(3) R.S.I 508.

45. Suitability of punishment awarded by the head of department. A constable had conducted an unauthorised check on Ambala Jagadhri Road along-with another constable by posing as traffic police official and during that checking illegally obtained money from certain truck drivers. Lateron, a departmental enquiry was started and an order of dismissal was passed by the competent authority which was challenged in the writ petition in this Court. While upholding the order of dismissal, it was hled that it is for the police officers to judge the infraction of the Police Rules to determine the seriousness of the misconduct and to decide about the suitability of the punishment and that it is not within the ambit of the extraordinary jurisdiction of this Court to interfere with the discretion of the head of the department unless it is shown that the discretion has been exercised wantonly or arbitrarily. State of Haryana and others vs. Gurdev Singh, 1981(3) S.L.R. 130.

46. Term ‘Misconduct’ does not necessarily imply corruption or criminal intent. As we read Section 7 and Rule 16.2, dismissal can be awarded only for the gravest acts of misconduct. We will assume that the charge as laid in summary of allegations is clearly established. The appellant was shabbily dressed and had not got his hair cut while posted at Guard duty at RTC Mehrauli. He was checked by ASI Ganpat Ram when he misbehave with ASI Ganpat Ram and told him to do whatever he likes. The averment on the record before the Enquiry Officer of the appellant is that he told the ASI that “Cutting Karai to Hai” and as regards the shabby dress he said that “Meri Bhi Waisi Hai Jaisi Auron Ki Hai”. This is certainly as act of misbehaviour as also telling the ASI to do whatever he likes. But the misconduct has to be construed for the purposes of punishment within the meaning of Section 7 and Rule16.2. “Misconduct” is generic term and means “to conduct amiss; to mismanage; wrong or improper conduct; bad behavious; unlawful behaviour or conduct”. It includes malfeasance, misdemeanour, delinquency and offence. The term ‘misconduct does not necessarily imply corruption or criminal intent. Khem Chand Constable v.s Union of India and others, 1989(5) S.L.R. 503=1089(2) RSI 179.

47. Termination – Whether incumbent upon the authority before awarding the punishment to take into consideration the length of service and claim to pension of the delinquent employees. In support of his contention the learned counsel relied upon State of Orissa and others vs. Bidyabhushan Mohapatra, AIR 1963 SC 779 and Baldev Singh vs. State of Punjab and others, 1985(3) SLR 657 (Pb. & Hry.). Bidyabhushan Mohapatra’s case (supra) has been cited for the proposition that once and authority prima facie comes to a conclusion on the basis of enquiry that person is guilty of the charges leveled, then it is not within the ambit of the Court to find fault with punishment awarded by the authority concerned. The lower appellate Court for its view that it was incumbent upon the authority before awarding the punishment to take into consideration the length of service and claim to pension of the plaintlff relied upon the judgment reported as Gurdev Singh vs. The State of Haryana and others, 1976(2) SLR 442. The learned counsel for the appellant has contended that in view taken in Gurdev Singh’s case (supra) has been reversed by the Division bench in Baldev Singh’s case (supra) and in this view of the matter prayed that the impugned judgment is liable to be set aside. State of Haryana vs. Tek Singh 1992(4) S.L.R. 213=1992(2) RSI 682.

16.3. Action following on a judicial acquital.—(1) When a Police Office has been tried and acquitted by a criminal court lie shall not be punished departmentally on the same charge or on a different charge upon the evidence cited in the criminal case, whether actually led or not, unless--

(a) the criminal charge has failed on technical grounds; or

(b) in the opinion of the Court or of the Superintendent of Police, the prosecution witnesses have been won over; or

(c) the Court has held in its judgment that an offence was actually committed and that suspicion rests upon the police officer concerned; or

(d) the evidence cited in the criminal case discloses facts unconnected with the charge before the court which justify departmental proceedings on a different charge; or

(e) additional evidence admissible under rule 16.25 (1) in departmental proceedings is available.

(2) Departmental proceedings admissible under sub-rule(1) may be instituted against Lower Subordinates by the order of the Superintendent of Police but may be taken against Upper Subordinates only with the sanction of the Deputy Inspector-General of Police, and a police officer against whom such action is asmissible shall not be deemed to have been honourably acquitted for the purpose of rule 7.3 of the Civil Services Rules (Punjab), Volume I Part I.

SYNOPSIS

1. Acquittal by Criminal Court

2. Acquittal of Police Officer by Criminal Court on technical ground.

3. Departmental Inquiry

4. Enquiry officer not to sit-in-judgment over the decision of the criminal Court.

5. Double jeopardy-Acquittal by a criminal court.

6. Double Jeopardy-Acquittal in criminal case.

7. Double jeopardy-Departmental enquiry

8. Found drunk while on duty-Dismissed after departmental enquiry.

9. Judgment of criminal Court.

COMMENTS

1. Acquitted by the Criminal Court. A police officer who is acquitted in a criminal court cannot be tried departmentally on the same charge or on a different charge upon the evidence cited in the criminal case, whether actually led or not. Amin Lal vs. The state of Punjab 1965 Cur. L.J. 509=1967 P.L.R. (S.N) 89.

Survey of judicial opinion seems to point to a preponderating preference for the middle view which is that when there is a substantial acquittal of the accused on the criminal charge there should not be a departmental proceeding against him in respect of the same charge on the same facts unless there are present conditions like the acquittal being on a technical ground or establishing conduct which would make it unworthy of the said office continue in office etc. Some of these ideas find concrete expression in P.P.R. 16.3 . Shri Kundan Lal vs. The Delhi Administration, Delhi and others, 1976(1) S.L.R. 133

2. Acquittal of Police Officer by Criminal Court on technical ground. It was, thus a case where the criminal charge failed on a technical ground that is, the absence of the complainant on the date of the hearing and not because the charge had been enquired into but had not been substantiated. The fact, that another trial court not be held in a criminal Court against the petitioner on the same charge because of his acquittal under Section 247 of the Code of Criminal Procedure, will not bar the departmental proceeding being taken against him in respect of the same charge and on the same evidence. I am, therefore, of the opinion that Superintendent of Police rightly decided to hold departmental proceedings against the petitioner and obtained the sanction of the Deputy Inspector General of Police for holding the same. The proceedings with regard to obtaining the sanction of the District Magistrate under rule 16.38(1) and (2) were unnecessary and can be treated as useless surplus ages. The Inquiry Officer could be appointed by the Superintendent of Police after the sanction of the Deputy Inspector General of Police had been obtained and the mere fact that the Superintendent of Police also obtained the sanction of the District Magistrate did not, in my opinion vitiate the appointment of the Inquiry Officer by him and the enquiry held by that enquiry Officer. The petitioner has not challenged the proceedings of the enquiry before the Inquiry Officer. Shri Prem Kumar, in the writ petition and for this reason no fault can be found with the show cause notice issued to the petitioner by the Superintendent of Police on October 19, 1965. Gurdev Singh, Sub Inspector of Police vs. State of Punjab through the Inspector of Police, Punjab and another, 1970 S.L.R 886.

3. Departmental Inquiry. Fact forming basis of departmental inquiry found not unconnected with charge in criminal case. 1965 Cur. LJ 509

4. Double jeopardy.. Acquittal by a criminal court. Of course, if the above said rule is applicable to the present case, then it may be argued that the same having not been complied with, the enquiry was vitiated and the subsequent orders based thereon are also vitiated, but in the present case, the lower appellate Court found that the charge, of which the plaintiff was found guilty, did not relate to a matter which has any relation with the public. It did have a relation with his exercising proper and efficient supervision and control over the Accounts Branch of which he was the head, in which he had failed. This charge can hardly be termed to be an offence in connection with his official relations with the public. Thus, the plaintiff was not entitled to invoke the said provisions of the Rules. Ram Rakha Joshi (Retd.) A.S.I. Punjab Police vs. State of Punjab, 1984(1) S.L.R. 404

5. Double Jeopardy – Acquitted in criminal case. The only exception left is the one enumerated at clause (b), that is, “in the opinion of the Superintendent of Police, the prosecution witnesses have been won over”. A close scrutiny of the judgment of the criminal Court would show that the accused persons were acquitted not because the prosecution witnesses were won over but because there were fundamental infirmities in the prosecution case which had damaged its veracity. The only witness alleged to have been won over was one Banta Singh (P.W.) of which the Criminal Court did not even take any notice. Thus, the initiation of a departmental inquiry by invoking the provisions of Rule 16-3 ibid, after Constable Mohinder Pal had been acquitted by a criminal Court, was wholly without jurisdiction and contrary to the provisions of the Punjab Police Rules, 1934. Otherwise also there is hardly any material in support of the charge against the petitioner in the departmental inquiry on the basis whereof the charge could be sustained justifying his dismissal from service. Mohinder pal vs. State of Punjab and others, 1987(1) S.L.R. 266

6. Double Jeopardy – Departmental enquiry. The order initiating the inquiry as also the show cause notice clearly indicate that the petitioner is being proceeded against exactly on the same charge which were contained in the F.I.R. and he was discharged. The relevant rule which admittedly is applicable in Delhi is rule 16-3 of the Punjab Police Rules. This rule has been interpreted by this Court in various authorities but, in my opinion, it is necessary to refer to any of the judgment in view of the clear writing of rule itself. However, I would refer to only Kundal Lal vs. Delhi Administration.

The learned counsel for the respondent contends that under rule 16-3(1)(d), the department could proceed with the departmental inquiry and in this case they were acting under the said sub-rule. A mere reading of the order and the show cause reproduced above, would show that this argument is untenable and cannot be accepted. The department is not proceeding on the facts unconnected with the charge before the Court which justified the departmental proceedings on a different charge but is proceeding exactly on the same charges which were subject matter of the trial before the competent Criminal Court. Shri Sahib Ram vs. Delhi Administration and others, 1984(2) S.L.R. 133

7. Enquiry officer not to sit-in judgment over the decision of the criminal Court. Where the acquittal is substantially on merits, on identical facts and charges, it will not be proper for a disciplinary Tribunal to record a finding of guilt, and to punish, the employee thereon. This would be a basic principle of jurisprudence and it would make no difference that the departmental authority acts before the criminal proceedings or after it and the Court, in exercise of the jurisdiction under Article 226 of the Constitution, would be justified in striking down the action based on such finding, as not in consonance with the principles of natural justice.

Examining the findings of the Enquiry Officer we find that he had examined the very persons, who were examined in the criminal case and on the same material and the circumstances, the Enquiry Officer came to a contrary conclusion. He purported to examine the evidence adduced before him as if he was deciding a Sessions case. Evidently, the Enquiry Officer would have no power to sit as an appellate Court of the Additional Sessions Judge. It is, therefore, clear that the petitioner’s acquittal was not on any technical grounds, nor was it n the basis that he eas given the benefit of doubt. In fact, the prosecution had miserably failed to prove its case, either by direct or by circumstantial evidence. As such, the acquittal was on account of the prosecution failure to bring home guilt to the accused without establishing any incriminating circumstances, although inconclusive.

The next question will be whether the judgment of acquittal itself indicate that the petitioner’s retention in Police Service could be undesirable. In our opinion the judgment does not give any indication of such type. In the criminal Court, the prosecution had not only failed to establish any incriminating circumstances, either by direct evidence or by circumstantial evidence, but also had failed to establish any motive, whatsoever. In view of these facts, the Enquiry Officer could not purport to function as a Court of law nad re-examine the very material, which had been put up before the Sessions Judge. The attempt of the Enquiry Officer was to function as an appellate Court of the Additional Sessions Judge and to come to a contrary conclusion upon the same material, which had been adduced in the Sessions Court. This, evidently the Enquiry Officer could not have done on the principles laid down by their Lordships of the Supreme Court in State of M.P. vs. Qumrali Wehidali. Harinaryan Dubey vs. sate of Madhya Pradesh and others, 1976(1) S.L.R. 585

8. Found drunk while on duty –Dismissed after departmental enquiry. The plea raised by the petitioner is that a single act of having been found under the influence of liquor while on duty would not amount to a very grave act or misconduct which would render him incorrigible and complete unfitness for police service. In support of his contention the learned counsel for the petitioner had cited an unreported judgment in Dharampal vs. The State of Haryana and others, CWP No.4680 of 1987 decided by Amarjeet Chaundhary, J. on 10.3.1989 and Phool Singh vs. State of Haryana and other, 1989(6) SLR 138 decided by Jai Singh Sekhon, J.

So far as the judgment of Jai Singh Sekhon, J. in Phool Singh’s case (supra) is cerned, the same is distinguishable as that was a case of constable who was under suspension and absented himself from duty and under the circumstances it was held that absence from duty of a police official who was under suspension would not amount to a grave act of misconduct which would entail the punishment of dismissal. So far as the judgment in Dharampal’s case (supra) is concerned, of course, that does not help the petitioner. In this case Amarjeet Chaudhary, J. has held that the punishment of dismissal awarded in that case to the petitioner who was found under the influence of liquor while on duty was not proportionate to the charges levelled against him.

It has been further held that this court would not interfere regarding suitability of the punishment awarded by the head of department unless it is shown that the discretion has been exercised wantonly or arbitrarily. I am bound to follow the judgment of the Division Bench, referred to above, in preference to the judgment of Amarjeet Chaudhary, J. I find that conduct of the petitioner was such which amounted to an act of gravest misconduct within the meaning of rule 16.2(1) and which merited the punishment of dismissal from service. The petitioner being a constable who belongs to a disciplined force had to act with some sense of responsibility. Thus, I find no force in the contention raised by the petitioner. Joginder Singh, Ex0 Constable vs. State of Haryana and others, 1990(5) S.L.R. 515 = (1950-1988) 1 RSI 12

9. Judgment of criminal court. Did not suggest acquittal on technical ground or suspicion resting upon Police Officer. 1965 Cur. LJ 509

16.4 Reduction.—(1) A police officer may be reduced (a) to a lower rank (except in the case of Sergeants and of Constables on the phase-scale); (b) from the selection grade of a rank to the time-scale of the same rank; (c) it in a graded rank, to a lower position in the seniority list of his grade or to a lower grade in his rank. A police of ficer so reduced shall be placed in the time-scale to which he is reduced, whether from higher rank or from the selection grade of the same rank, at the point to which his approved service entitles him, but below the efficiency bar, if any. An officer reduced in rank shall not be placed in the selection grade of the rank to which he is reduced.

(2) An upper subordinate shall not ordinarily be reduced to the rank of Head Constable, unless he has been promoted from that rank and is capable of performing the duties of a Head Constable. If he is absolutely unfitted for his position or for that of a Head Constable, he shall be dismissed, and not reduced in rank.

(3) A Head Constable reduced dto the rank of Constable shall ordinarily occupy a position in the gradation list of Constables according to the length of his approved service.

SYNOPSIS

1. Word ‘rank’—Meaning of.

COMMENTS

1. Word ‘rank’—Meaning of. No doubt some of the dictionary meanings of the word to tend to support the stand urged on the side of the petitioner, but in view of the meaning given to this word by their Lordships of the Supreme Court in the High Court, Calcutta vs. Amal Kumar Roy. A.I.R. 1962 S.C. 1704, the ordinary meanings of that word cannot be taken and the meanings of the word that have to be applied are those given by their Lordships in the judgment of that case. In that case a Munsif in the West Bengal Civil Service (Judicial) having been passed over for promotion to the post of a Subordinate Judge, when he came to the promoted to that post, he stood eight places below as compared to the place where he would have been had he been promoted in his own turn at the proper time. It was urged that his lowering of seniority by eight places in this matter was reduction in rank. Their Lordships observed :- @INDENT2 = “In our opinion, there is no substance in this contention because losing places in the same cadre, namely, of subordinate Judges does not amount to reduction in rank, within the meaning of Article 311(2). The plaintiff sought to argue that ‘rank’, in accordance with dictionary meaning, signifies ‘relative position or status or places’, according to Oxford English Dictionary. The word ‘rank’ can be and has been used in different senses in different contexts. The expression ‘rank’ in Article 311(2) has reference to a person’s classification and not his particulars place in the same cadre in the hierarchy of the service to which he belongs. Hence, in the context of the Judicial Service of West Bengal, ‘reduction in rank’ would imply that a person who is already holding the post of a Subordinate Judge has been reduced to the position of a Munsif, the rank of a Subordinate Judge being higher than that of a Munsif. But Subordinate Judges in the same cadre hold the same rank, though they have to be listed in order of seniority in the Civil List. Therefore, losing some places in the seniority list is not tantmount to reduction in rank”.

This was again approved by their Lordships in the Divisional Personnal Officer, Southern Railway, Mysore vs. S. Raghavendrachar, A.I.R. 1966 S.C. 1529. So, it is the meaning of the word ‘rank’ as given by their Lordships in sub-article (2) of Article 311 that negatives the case of the present petitioner in spite of his losing two places in seniority and also losing two steps in his time-scale by the forfeiture of two years of his pay permanently. The reason is that he remains still Head Constable and in the rank of Head Constables. By the lowering of his seniority or by the lowering of his pay by two steps in the time-scale he does not cease to remain in the rank of Head Constables. He is still there very much in that rank, and merely because he has lost seniority or has been lowered by two steps in the time-scale of his pay, which slightly lowers his in his own rank and it is reduction in so far as it affects his seniority under sub-rule (1) of rule 16-4, it is nor reduction in rank as that expression is used in sub-article (2) of Article 311 of the Constitution, inasmuch as it does not lower the rank of the petitioner. Ranjit Singh, Head Constable vs. Commandant P.A.P. Jullundur Cantt. And others, 1967 S.L.R. 543

16-5. Stoppage of increments. [For Punjab -- or Forfeiture of approved service for increment] -- The increment of a police officer on a time-scale may be withheld as a punishment. The order must state definitely the period for which the increment is withheld, and whether the postponement shall have the effect of postponing future increments. The detailed orders regarding the grant and stoppage of increments are contained in rule 13-2.

( Sub-Rules 2 and 2 for Punjab )

(2) Approved service for increment may be forfeited, either temporarily or permanently, and such forfeiture may entail the deferment of an increment or increments or a reduction in pay. The order must state whether the forfeiture of approved service is to be permanent, or, if not, the period for which it has been forfeited.

(3) Reinstatement on the expiry of a period fixed under sub-rule9(1) or (2) above shall be conditional upon good conduct in the interval, but, if it is desired under this rule not to reinstated an officer, a separate order shall be recorded, after the officer concerned ha been given opportunity to show cause whey his reinstatement should not be deferred, and the period for which such order shall have effect, shall be stated. Rules regarding the method of recording punishments under this rule in seniority rolls are contained in Chapter X.

16-6. Confinement to quarters. – A Constable confined to quarters shall be confined in the lock-up attached to the police quarter guard. While so confined he shall perform punishment drill or may be employed instead on any authorized fatigue duty. He shall not leave the lock-up during the period of his confinement, except under escort of one or more Constables in uniform, and in accordance with the order, general or specific, of an officer of status not less than that of Lines Officer.

16-7. Punishment drill. – (1) Punishment drill shall consist of drill with a musket and rolled great-coat for not more than six or less than four hours in any one day, with an interval of at least 30 minutes between each hour. Only such days shall be counted towards the completion of an award of punishment drill on which such drill is actually carried out.

(2) An officer rewarding punishment drill may direct that the constable so punished, if attached to the reserve, shall not leave the lines, except on duty, during the days on which such punishment is to be carried out.

16-8. Censures. – A censure shall be recorded in the character roll of a police officer only under the following conditions :-

(i) Censures shall be supported by a formal order in the order book.

(ii) No censure shall be recorded by an Assistant or Deputy Superintendent of Police, without the prior approval of the Superintendent, in the character roll of any officer whom he is not empowered under rule 16-1(2) to punish.

(iii) A District Magistrate is authorised subject to the limitations press cribed in clause (iv) below, to record a censure in the character roll of any enrolled police officer.

(iv) A censure, whether recorded by a District Magistrate or a police officer is required to be confined to facts and deductions from such facts. Statements or expressions of opinion amounting to charges of a kind which, if proved, would involve a major punishment shall not be so recorded. Such statements should form the basis of a formal enquiry at which the officer against whom they are made has the opportunity of making his defence. Their record in character rolls ex-prate is prohibited.

16.9. Maintenance of discipline.—Discipline shall be maintained by patient and continuous instruction, combined with firm, vigorous and sustained control. Superintendents and officers subordinate to them having power to punish shall endeavor to check neglect and misconduct in their subordinates, which appear to be due to ignorance or inattention and not to will full disobedience, by clear instruction and careful explanation. They shall as far as possible, avoid the constant infliction of minor punishments, and shall, in all cases in which they inflict punishment, pass their orders after full consideration of the facts and circumstances of the case and of the character and position of the officer punished. If the previous record of an officer, against whom charges have been proved, indicates continued misconduct proving incorrigibility and complete unfitness for police service, the punishment awarded will ordinarily be dismissal from service. When complete unfitness for police service is not, but unfitness for a particular rank is, established, the punishment will normally be reduction.

16.10. Punishment of officers officiating in higher ranks.—The misconduct of a police officer must be judged in relation to the position he was occupying at the time when such misconduct is alleged to have taken place. For purposes of punishment, therefore, an officer officiating in a higher rank shall be treated as belonging to that rank. This rule shall not prevent an officer being reverted to his substantive rank on being placed under suspension.

16.11. Prosecution under Section 29, Act V of 1861.—When a disciplinary offence on the part of a police officer can be adequately punished departmentally, such of ficer shall not be prosecuted under section 29 of the Police Act, and no upper subordinate shall be prosecuted under that section without the sanction of the Deputy Inspector General.

16.12. Judicial prosecutions.—When a police officer is departmentally punished for an offence committed in his public capacity for which he is liable to be prosecuted criminally, the Deputy Inspector General is required to satisfy himself that the course adopted was expedient in the interests of the administration, and may order a criminal prosecution if he considers if desirable.

SYNOPSIS

1. Natural justice—Enquiry.

COMMENTS

1. Natural justice—Enquiry. The rule of natural justice and fairness to the official are two paramount considerations. It is instructive in this context to refer to the decision of the of the House of Lords in Ridge vs. Baldwin, (1963 ALL ER 66), where the Watch Committee summarily dismissed a Chief Constables on the basis of his being severely criticized by the trial Judge while acquiring him. There was no doubt a department enquiry in this case but, the enquiry as explained above, did not give a sufficient opportunity as required by, the rule for the petitioner to defend himself adequately. The said proceedings are, therefore, quashed. Hem Raj, A.S.I. Police vs. The Delhi Administration and ors., 1973(1) S.L.R. 349

16.13. Magisterial procedure.—(1) All cases against police officers are required by standing instructions of the High Court to be tried by Magistrates of the 1st class Petty charges in which there is no probability of the District Magistrate, who is the appellate authority, having been required to advise in his executive capacity, may, however, be tried by any Magistrate who can most conveniently take them up. Police officers are never to be tried summarily.

(2) Magistrates are required to exercise care in making entries of censure on police officers in their judgments, and it is undesirable that they should make remarks in criminal cases censuring the action of police officers, unless such remarks are strictly relevant to the case and the officers concerned have had an opportunity of explaining their action – (vide Chief court Circular No. 7-3482-G, dated 19^th September, 1903, reproduced in Police Rule Appendix No. 1.19). If remarks to which exception can be taken come to notice, they shall be referred in the first instance by the Superintend to the District Magistrate.

16.14. Punishment Register.—(1) A punishment register in Form 16.10 (1) shall be maintained in each district.

(2) Every award of departmental punishment, except awards of punishment drill not exceeding 10 days, shall be entered therein.

(3) All punishments inflicted by criminal courts upon police officers shall be entered at the reverse end of the punishment register.

(4) An award of dismissal in consequence of a criminal conviction shall not be shown separately as a departmental punishment.

(5) If the award is one of punishment drill not exceeding 10 days, the entry made in the Order Book shall be the only record of such punishment.

(6) All punishments required to be entered in the punishment register shall also be entered in character and service rolls. Entries of punishment, against which an appeal lies, shall not be made in character or service rolls until the lapse of the period of appeal or until the appeal has been decided.

16.15. Monthly punishment returns.—(1) Every Superintendent shall, on or about the 5^th day of each month, prepare and despatch to the Deputy Inspector General a return in Form 16.15 (1) of all punishments, departmental and judicial, inflicted during the preceding month and required under rule 16.14 (6) to be entered in character rolls. Such return shall after due examination by the Deputy Inspector General be filed in his office.

(2) Sufficient particulars shall be given in column 3 to enable the Deputy Inspector General to judge of the fitness of the award.

(4) All entries shall hear the annual serial numbers of the punishment register,

and copies of all bad entries made in the character rolls of upper subordinates during the last preceding month shall be submitted with the return.

(4). When an award is quashed or altered by an authority empowered to do so, the entry in the return and in the punishment register shall be cancelled or amended accordingly, and a fresh order shall be entered in the Order Book canceling or amending the original order of punishment.

16.16. Annual return of punishments for corruption. – Every Superintend shall submit to the Deputy Inspector-General of Police on, or before the 5th January to each year, a statement in Form 16.16, showing all punishments inflected in consequence of corruption. Deputy Inspectors-General and the Assistant Inspector General, Government Railway Police, shall submit to the Inspector-General a consolidated statement on or before the 10^th January, in each year together with an annual review discussing the progress of anti-corruption measures, etc, as required by Punjab Government letters Nos. 8957-G 38/10003 (H—Gaz). And 2124-G.39/18878 (H.—Gaz) dated the 15^th March 1939, and 25^th May, 1939 respectively.

16.17. Power to suspend an officer—Any police officer above the rank of Head Constable may suspend, pending inquiry or investigation, any enrolled police officer junior to him in rank, who is guilty or is reasonably suspected of misconduct. an officer may be released form suspension only by the gazetted officer empowered to punish him. The suspension of an upper subordinate shall be reported immediately to the Deputy Inspector-General in Form 16.17 . the release of such officer and the reason therefor shall also be reported to the Deputy Inspector-General.

16.18. Suspension in departmental case—A police officer, whose conduct is under departmental inquiry, shall orindarily be placed under suspension, when it appears likely that a charge will be framed which, if proved, would render him liable to reduction or dismissal, or when the nature of the accusations against him is such, that his remaining on duty is prejudicial to the public interest, or to the investigation in to those accusation. Unnecessary suspensions should be avoided, as they increase the number of non-effective and also, unless the officer suspended is acquitted involve under Fundamental Rule 43 the additional penalty, over and above the punishment awarded of he substitution for pay of a subsistence grant.

16.19. Suspension in judicial cases—A police officer charged with a criminal offence shall unless the Deputy Inspector-General of Police or the Assistant Inspector-General, Government Railway Police for special reasons to be recorded in writing otherwise directs, be placed under suspension form the date on which he is sent for trial, if such action has not already been taken under the provisions of rule 16.17. suspension is compulsory during any period in which a police officer is committed to prison. A police officer, who may be arrested by order of a civil court in execution of a decree or otherwise shall be considered as under suspension form the date of arrest till his release form custody is ordered by the Court.

SYNOPSIS

1. Training-Refusal to depute to B-1 Lower School Course.

COMMENTS

1. Training-Refusal to depute B-1 Lower School Course. I am of the considered view that the respondents are justified in not deputing the petitioner to the Lower School Course so long as she remains under suspension because of the pending criminal case against her. At the same time, I feel that the petitioner cannot be robbed of the meritorious position attained by her in the written and parade test and the eligibility for undergoing the Lower School Course gained by her. In the circumstances, therefore, the appropriate direction which ought to be issued is that as and when and in case the petitioner is acquitted of the criminal charges against her and is consequently reinstated in service, she shall be deputed to the ensuing Lower School Course at the Police Training School, Madhuban, Immediately after the date of her acquittal and reinstatement. Krishna Devi, Lady Constable vs. State of Haryana and others, 1988 (3) S.L.R. 384.

16.20. Subsistence grants—(1) A police officer under suspension shall be given a substance grant. If as the result of an enquiry, a police officer under suspension is punished, his substance grant for the time spend under suspension may not exceed one-fourth of his pay (Fundamental Rule 53) if he is acquitted either as the result of an original enquiry or on appeal, the assessment of the subsistence grant is governed by Fundamental Rule 54.

(2) The following officers are empowered to make subsistence grants to police officers under suspension:-

(a) Deputy Inspectors-General, the To all non-Gazetted

Assistant Inspector-General, Officers subordinate

Railway Police, and Superintendents to them.

Of police

(b) The Assistant Superintendent, Ditto

Government Railway Police, and

(except as regards Sergeants)

Deputy Superintendents in charge

of Railway Police Sub-Divisions,

Subject to confirmation by the

Assistant Inspector-General,

Railway Police.

SYNOPSIS

1. Departmental enquiry-Found guilty of one of the charges.

COMMENTS

1. Departmental enquiry—Found guilty of one of the charges. Rule 16.3 of the Rules inter alia provides that if a Police Officer has been tried and acquitted by a criminal court, he shall not be punished departmental on the same charge or on different charge upon the evidence cited in the criminal case, whether actually led or not unless, (a) the criminal charge has failed on technical grounds or (b) in the opinion of the Court of the Superintendent of Police, the prosecution witnesses have been won ever; or (c) the Court has held in its judgment that an offence was actually, committed and that suspicion rests upon the police officer concerned or (d) the evidence cited in the criminal case disclose facts unconnected with the charge before the Court which justify departmental proceedings on a different charge or (e) additional evidence admissible under rule 16.25 (1) in departmental proceedings is available. Thus it could not be successfully argued that after having been acquitted by the criminal Court, the plaintiff could not be proceeded against departmentally under any circumstances. Ram Rakha Joshi (Retd.) A.S.I. Punjab Police vs. State of Punjab, 1984 (1) S.L.R. 404.

16.21. Status and treatment of offices under suspension—(1) A police officer shall not by reason of being suspended from office cease to be a police officer.

During the term of such suspension the powers, functions and privileges vested in him as a police officer shall be in abeyance, but he shall continue subject to the same responsibilities, discipline and penalties and to the same authorities, a s if he had not been suspended.

(2) A Police officer under suspension shall be transferred to the lines, if not already posted there. He shall attend all roll calls and shall be required to perform such duties and to attend such parades as the Superintendent may direct; provided that he shall not perform guard duty or any other duty entailing the exercise of the powers or functions of police officer; shall not be placed on any duty involving the exercise of responsibility, and shall not be issued with ammunition. A police officer under suspension shall ordinarily be confined to lines when off duty but shall be allowed reasonable facilities for the preparation of his defence. When transferred to the lines under this rule Lower Subordinates shall deposit their belts and Upper Subordinates their revolvers, belts and swords with the Lines Officer.

(3) Mounted police officers placed under suspension shall cease to draw horse, pony or camel allowance, as the case may be, and hand over their mount to the Lines Officer who shall be responsible for the feeding and keeping of such animals under the supervision of a gazetted officer. The actual expenditure incurred on this account shall be debited to contingencies under the head “Feeding and keeping of animals of mounted police officers under suspension”.

SYNOPSIS

1. Absence form duty for 18 days while under suspension.

COMMENTS

1. Absence form duty for 18 days while under suspension. The perusal of Rule 16.21 (2) of the Punjab Police Rules, 1934, reveals that during the suspension period of a police officer, he cannot be assigned responsible duties like guard duty or any other duty entailing the exercise of the power or functions of a Police Officer or duty involving the exercise of responsibility, but during suspension he shall ordinarily be confined to lines and he shall deposit his belt and ammunition etc.

The working of the mind of a suspended police officer on account of the registration of a criminal case just after his release by the Court on bail, in such criminal case cab be well imagined. Certainly be will fell confused and shaken, especially when he is convinced of his innocence. This conclusion is further fortified as according to the written statement filed by the respondent State, the above referred criminal case consequently, ended in his acquittal although the Court has given him the benefit of doubt. Just the laps on the part of the petitioner is not attending the police line during the spell 18 days cannot be said to be that grave as that of a regular police officer and thus would no tensile the extreme penalty of terminating his service. Phool Singh vs. State of Haryana or 1989 (6) S.L.R. 138.

16.22. Record in departmental cases—(1) In all departmental cases in which the alleged offence is such as to major a major punishment, if Proved, a record shall be kept, which shall contain:-

(a) the charge;

(b) the evidence supporting the charge;

(d) the statements of the defence witness, if any;

(e) the finding of the officer conducting the case;

(f) the final order.

(2) In all cases against upper subordinates the record shall be in English throughout. In cases against lower subordinates evidence may be recorded in vernacular, but the statement of the accused officer in his defence, the finding and the final order shall be in English.

(3) The record shall be paged like an ordinary file, and an index in Form 16.22 (3) shall be attached to the first page.

(4) The record, together with any orders passed in revision or appeal, shall after the necessary entry has been made in the character roll, be filed with the vernacular personal file of the officer concerned. If the record concern more than one officer, an attested copy of the final order in the case shall be attached to the vernacular personal file of each officer concerned.

(5) Each record shall bear the annual serial number of the entry in the punishment register relating to the case, and a reference to his number shall be made in the remarks column of the Long Roll.

SYNOPSIS

1. Discretion left to the enquiry officer to record the evidence in vernacular if he so decide.

2. Final authority on question of fact.

3. Services of an Advocate.

COMMENTS

1. Discretion left to the enquiry officer to record the evidence in vernacular if he so decides. Petitioner also contends that the evidence should have been recorded during the enquiry proceedings in vernacular and not in English. In this connection he relies on Punjab Police Rule 16.22(2) This lays down that “ in all cases against upper subordinates the record shall be in English throughout. In cases against lower subordinates evidence may be recorded in vernacular, but the statement of the accused officer in his defence, the finding, and the final order shall be in English. “ This rule shows that a discretion is left to the enquiry officer to record the evidence in vernacular if he so decides. It is not imperative for him to record the evidence in vernacular only. More over, over, I find that this point was not taken up by the petitioner either before, the enquiry officer or before the disciplinary authority or in appeal. This contention has, therefore, to be rejected. Ajit Singh, Constable vs. Kirpal Singh, D.I.G. Police Delhi and others, 1972 S.L.R. 768.

2. Final authority on question of fact. Petitioner’s contention that the bare statement of Uma Shankar, Sub-Inspector that he saw the petitioner attending the mass rally in question should not have been accepted in view of the evidence produced by the petitioner, is misconceived. Whether the petitioner did attend the really or not in a question of fact and it cannot be said that the findings given by the enquiry officer is without evidence. It is for him to believe a particular witness and disbelieve the other. He is the final authority on question of fact as long as the decision can be shown to be based on evidence. Ajit Singh, Constable vs. Kirpal Singh D.I.G. Police, Delhi and others, 1972 S.L.R. 786.

3. Service of an Advocate, Petitioner’s contention that he was denied the service of an Advocate during the proceedings before the enquiry officer is without substance. In his writ petition he has only mentioned this fact indirectly to show that the enquiry officer was biased and prejudiced against a him and “ the petitioner was not even entitled to avail of the assistance of some advocate”. There is noting to show whether the petitioner did request for such assistance. Even in the petition he has not disclosed when and how such assistance was asked for and refused. Again, no grievance was made at any stage of the proceedings right to the appellate stage about this aspect. Ajit Singh, Constable vs. Kirpal Singh D.I.G. Police.

16.22. Prompt record of complaints—Whenever a definite complaint is made by a member of the general public of misconduct on the part of a police officer, the officer to whom such complaint is made shall, provided he is senior in rank to the officer complained against immediately record it, to gather with such statements in support of the complaint as may8 be immediately available. This record shall be forwarded without delay through the usual channel to the Superintendent of Police or other gazetted officer under whose immediate control the officer who has recorded the complaint is serving. If such officer is of opinion that the allegation sin the record constitute a prima facie case for inquiry, he shall proceed as in rule 16.24. post. The record refereed to above shall be attached to the record of the enquiry and may be used as the basis of the charge, but the statements, recorded shall not be regarded as evidence; the persons making such statements shall ordinarily be called as witnesses and examined in the presence of, and be tendered for cross-examination by, the accused police officer.

16.24.Procedure in departmental enquiries:-- (1) The following procedure shall be followed in departmental enquiries:-

(i) The police officer accused of misconduct shall be brought before an officer empowered to punish him, or such superior officer as the Superintendent may Direct to conduct the enquiry. That officer shall record and read out to the accused officer a statement summarizing the alleged misconduct in such a way as to give full notice of the cumstances in regard to which evidence is to be recorded. A copy of the statement will also be supplied to the accused officer free of charge.

(ii) If the accused police officer at this stage admits the misconduct alleged against him, the officer conducting the enquiry may proceed forthwith to frame a charge record the accused officer’s plea and any statement he may wish to make in extenuation and to record a final order, if it is within his power to do so, or a finding to be forwarded to an officer empowered to decide the case. When the allegations are such as can form the basis of a criminal charge the Superintendent shall decide at this stage, whether the accused shall be tried departmentally first and judicially thereafter.

(iii) If the accused police officer does not admit the misconduct, the officer conducting the enquiry shall proceed to record such evidence, oral and documentary, in proof of the accusation, as is available and necessary to support the charge. Whenever possible, witnesses shall be examined direct, and in the presence of the accused who shall be given opportunity to take notes of their statements and cross-examine them. The officer conducting the enquiry is empowered, however, to bring on to the record the statement of any witness whose presence cannot, in the opinion of such officer, be procured without undue delay and expense or inconvenience, if he considers such statement necessary, and provided that it has been recorded and attested by a police officer superior in rank to the accused officer or by a Magistrate, and is signed by the person making it. This statement shall also be read out to the accused shall be bound to answer any questions which the inquiring officer ma see fit to put to him with a view to elucidating the facts referred to in statements or documents brought on the record as herein provided.

(iv) When the evidence in support of the allegations has been recorded the enquiring officer shall, (a) if he considers that such allegations are not substantiated, either discharge the accused himself, if he is empowered to punish him, or recommended his discharge to the Superintendent, or other officer, who may be so empowered, or (b) proceed to frame a formal charge or charges in writing, explain them to the accused officer and call upon him to answer them.

(v) The accused officer shall be required to state the defence witnesses whom he wishes to call and may be given time, in no case exceeding forty-eight hours, to prepare a list of such witnesses, together with a summary of the facts as to which they will testify. The enquiring officer shall be empowered to to refuse to hear any witnesses whose evidence he considers will be irrelevant or unnecessary in regard to the specific charge framed. He shall record the statements of those defence witnesses whom he decides to admit in the presence of the accused, who shall be allowed to address questions to them, the answers to which shall be recorded; provided that the enquiring officer may cause to be recorded by any other police officer superior in rank to the accused the statement of any such witness whose presence cannot be secured without undue delay or inconvenience, and may bring such statement on to the record. The accused may file documentary evidence and may for this purpose be allowed access to such files and papers, except such as form part of the record of the confidential office of the Superintendent of Police, as the enquiring officer deems fit. The supply of copies of documents to the accused shall be subject to the ordinary rules regarding copying fees.

(vi) At the conclusion of the defence evidence or, if the enquiring officer so directs, at any earlier stage following the framing of a charge, the accused shall be required to state his own answer to the charge. He may be permitted to file a written statement and may be given time, not exceeding one week, for its preparation, but shall be bound to make an oral statement in answer to all questions which the enquiring officer may see fit to put to him, arising out of the charge, the recorded evidence, or his own written statement.

(vii) The enquiring officer shall be proceed to pass orders of acquittal or punishment, if empowered to do so, or to forward the case with his finding and recommendations to an officer having the necessary powers. Whenever the officer passing the orders of punishment proposes to take into consideration the adverse entries on the previous record of the accused police officer, he shall provide reasonable opportunity to the defaulter to defend himself; and a copy or at least a gist of those entries shall be conveyed to the defaulter and he shall be asked to give such explanation as he may deem fit. The explanation furnished by the defaulter shall be taken into account by the officer before passing orders in the case.

(viii) Nothing in the foregoing rule shall debar a Superintendent of Police from making or causing to be made a preliminary investigation into the conduct of a suspected officer. Such an enquiry is not infrequently necessary to ascertain the nature and degree of misconduct which is to be formally enquires into. The suspected police officer may or may not be present at such preliminary enquiry, as ordered by the Superintendent of Police or other gazetted officer initiating the investigation shall form no part of the formal departmental record, but statements therefrom may be brought to the formal record when the witnesses are no longer available in the circumstances detailed in clause (iii) above. All statements recorded during a preliminary investigation should be signed by the person making them and attested by the officer recording them.

Clause (ix) Omitted by Haryana Vide No. G.S.R. 31 dated 21.3.1985

(ix) No order of dismissal or reduction in rank shall be passed by an officer empowered to dismiss a police officer or reduce him in rank untill that officer has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him, provided that this shall not apply--

(a) where a police officer is dismissed or reduced in rank on the ground or conduct which led to his conviction on a criminal charge; or

(b) where the officer empowered to dismiss him or reduce him in rank is satisfied that for some reason to be recorded by that officer in writing it is not reasonably practicable to give to that police officer an opportunity of showing cause.

Before an order of dismissal or reduction in rank is passed, the officer to be punished shall be produced before the officer empowered to punish him, and shall be informed of the charges proved against him, and called upon to show-cause why an order of dismissal or reduction in rank should not be passed. Any representation that he may make shall be recorded, shall form part of the record of the case, and shall be taken into consideration by the officer empowered to punish him before the final order is passed:

Provided that if, owing to the complicated nature of the case or other sufficient reason to be record, the officer empowered to impose the punishment considers this procedure inappropriate, he may inform the officer to be punished in writing of the charges proved against him, and call upon him to show-cause in writing why an order of dismissal or reduction in rank should not be passed. Any written representation received shall be placed on the record of the case and taken into consideration before the final order is passed.

(2) (i) Notwithstanding anything contained in sub-rule (1) Superintendent of Police or any officer of rank higher than Superintendent, may institute, or cause to be instituted, ex parte proceedings in any case in which he is satisfied that the defaulter cannot be found or that in spite of notice to attend the defaulter is deliberately evading service or refusing to attend without due cause.

(ii) The procedure in such ex-parte proceedings shall, as far as possible, conform to the procedure laid down in sub-rule (1):

Provided that the defaulter shall be deemed—

(a) not to have admitted the allegations contained in the summary of misconduct, and

(b) to have entered a plea of not guilty of the charge;

Provided further that the defaulter, if he subsequently appears at any stage during the course of the proceedings shall not be entitled to claim de novo proceedings or to recall for cross-examination any witness whose evidence has already been recorded. He shall, however, be fully informed of the evidence which has led against him and shall be permitted to take notes thereof. He shall also be furnished with a copy of the summary of misconduct and of the charge or charges framed.

(For Haryana)

(3) Notwithstanding anything contained in these rules, where an officer, empowered to dismiss, remove or reduce in rank the police officer accused of misconduct, is satisfied at any stage during an enquiry that for reasons, to be recorded in writing by that officer, it is not reasonably practicable to hold the enquiry after that stage, he will straight-away awarded the punishment.

Explanation.- For the purposes of sub-rule(3), initiation of disciplinary proceedings against the police officer on the grounds of,-

(i) indulging in spying or smuggling activities;

(ii) disrupting the means of transport or of communication;

(iii) damaging public property;

(iv)creating indiscipline amongst fellow policemen;

(v) promoting feelings of enmity or hatred between different classes of citizens of India or grounds of religion, race, caste, community or language;

(vi)going on strike or mass casual leave or resorting to mass abstentions;

(vii) spreading disaffection against the Government; and

(viii) causing riots and the like;

shall be a sufficient reason for concluding that it is not reasonably practicable to hold the enquiry.”

SYNOPSIS

1. Admission regarding guilt and pleading guilty.

2. Constable molesting lady constable.

3. Cross-Examination—Departmental Enquiry.

4. Departmental enquiry dispensed with after recording reasons and application of mind.

5. Departmental Enquiry—Right to cross- examination.

6. Dismissal from service after departmental enquiry.

7. Dismissal on the charge of assaulting a girl.

8. Dismissal—Refusal to perform the duty.

9. Dispensing with enquiry.

10. District Magistrate to pass a speaking order.

11. Enquiry Officer exonerated the petitioner by holding that he was not negligent in the performance of his duties.

12. Enquiry—Police officer challaned the accused.

13. Nature and degree of misconduct.

14. No reasonable opportunity given to cross-examine the witnesses produced by the department.

15. Non-supply of statement of witnesses cannot be said to have vitiated the disciplinary proceedings.

16. Opportunity of oral hearing.

17. Opportunity of personal hearing.

18. Opportunity of personal hearing.

19. Opportunity to a delinquent.

20. Order of dismissal well reasoned-Personal hearing not given.

21. Personal hearing-No specific plea.

22. Personal hearing-Procedure regarding.

23. Presence before the dismissing outhority.

24. Reasons for dispensing with the enquiry.

25. Reference to District Magistrate.

26. Termination of probationer on the ground of taking part in “a non-taking food compaign”.

27. Word “enforcement”.

COMMENTS

1. Admission regarding guilt and pleading guilty. The petitioner was not given an opportunity to defend hemself. Now the papers of the enquiry which are produced in case show that the pertitioner had admitted and had pleaded guilty to the charges levelled against him. It is difficult to understand what further opportunity the petitioner required in view of his clear plea of guilty. The petitioner has contended in the petition that he had never pleaded guilty. This is of course a bare assertion of an interested party. In fact, he has not filed any appeal challenging the allegation that he pleaded guilty. Shri Bhagat Ram vs. Inspector General of Police, Himachal Pradesh and others, 1979(3) S.LR. 256.

2. Constable molesting lady constable. The trial court found that the plaintiff was guilty of the alleged misconduct, there was no necessity for according the sanction by the District Magistrate and that there was no question of any illegality in the orders passed by the authorities. Consequently, his suit was dismissed. IN appeal, the learned Additional District Judge reversed the said finding of the trial Court relying upon the judgment of this court in Gurdev Singh vs. The State of Haryana, 1976(2) SLR 442. In view of the ratio of the above-said case, it was held that in the present case, the only allegation against the plaintiff was that while under the influence of liquor he pulled down the mosquito-net of the lady constable while she was sleeping on cot. There was no allegation that the said lady Constable was actually molested. No finding was recorded by the punishing authority that the misconduct committed by him was of a gravest type. That being so, the order of dismissal passed against the plaintiff was liable to struck down. It was further found by the lower appellate Court that the provisions of rule 16.24 of the Punjab Police Rules, were also not complied with inas much as the plaintiff was not fully informed of the evidence which had been led against him ex parte, and that he was not permitted to take notes of the same. Thus, the mandatory provisions of rule 16.24 of the Rules were violated. In view of the said findings, the plaintiff’s suit was decreed. Dissatisfied with the same, the State of Punjab has filed this second appeal in this Court. State of Punjab and other vs. Iqbal Singh, Ex-Constable, 1985(3) S.L.R. 713.

3. Cross-Examination-Departmental Enquiry, in a disciplinary inquiry against a civil servant, the right of effective cross-examination including the contradiction of witness examined in support of the charges in an essential part of the rules of natural justice. Jug Raj Singh vs. The Delhi Administration, Delhi and other,s 1970 S.L.R. 400.

4. Departmental Enquiry-Right to cross-examination. The petitioner was denied the right to defend himself because the right of effective cross-exmaination by using the previous statement of the complainant was denied to him contrary to Police Rules. Apart from Police Rules the right to cross-examination is included in the minimum content of the rules of natural justice applicable to a disciplinary inquiry. Further held, there are two classes of documents to which public servant has a right to defend himself. In the class are the documents on which the Inquiry Officer to defend himself. In the first class are the documents on which the Inquiry Officer relie,d that is to say docuemnts which are intended to be used the prosecution agenchy to prove the charges against the public servant, in the second class fall the documents which, even if they are not relied upon by the Enquiry Officer to support the charges against the petitioner, are nevertheless required by the petitioner for his defence. Jug Raj Singh vs. The Delhi Administration, Delhi and others, 1970 S.LR. 400.

5. Departmental enquiry dispensed with after recording reasons and application of mind. It could not be successfully argued on behalf of the petitioner that the enquiry under Article 311(2)(b) of the Constitution of India was dispensed with arbitarily or without any application of mind. Even if it be held that the enquiry was not dispensed with arbitrarily, then as regards punishment, ordinarily it is not for this Court to go into the matter. It is for the department concerned to award punishment after taking into consideration all the facts and circumstances of the case. Balbir Sigh vs. State of Punjab and others, 1989(4) S.LR. 42=1989(2) RSJ 540.

6. Dismissal from service after departmental enquiry. It is correct that under Rule 16.24(2)(ii) even in the case of ex parte proceedings, the procedure prescribed under Rule 16.24(1) has to be followed as far as possible. Personal hearing is definitely a step in the procedure prescribed under rule 16.24(1) for holding a departmental enquiry to impose the penalty of dismissal. But in my opinion, the words ‘as far as possible’ make the provision only directory. The State of Punjab 1967 SLR 678 is distinguishable on its own facts. That was not a case of ex parte proceedings. Moreover, it was found by the Court that thought personal hearing was given to the petitioner in that case yet, it was a mere formality as the Superintendent of Police had already made up his mind to punish him as was apparent from the notice to show cause. Dhani Ram vs. State of Himachal Pradesh, 1991(6) S.L.R. 184.

7. Dismissal on the charge of assaulting a girl. The petition averred two separate facts. Para II of the petition stated that the findings of the Enquiry Officer were not communicated to the appellant when he was summoned before the Superintendent of Police, and para 12 stated that he was only orally told that it was proposed to dimiss him and that no other fact was communicated to him. In reply to these two averments, the affidavit which has not been filed admits that the first of the allegations is correct. Para II of the affidavit of the respondent quite clearly admits that the findings were not communicated to the appellant. Para 12 of the petition which stated that he was only told that it was proposed to dismiss him has not been met by the quotation from the order sheet of the proceedings before the Superintendent of Police, and does not advance the matter much further.

It was contended before us that what is meant by the word ‘charge’ in the order sheet of the Superintendent of Police is very much the same, as is meant by Rule 16.24, para 9 of the Punjab Police Rules, Vol. II, where it is laid down that the “defaulter” should be explained the “charge proved” against him but this is not what the order sheet of the Superintendent of Police shows. This does not appear to have been done, and the affidavit which has been filed in this Court is not the affidavit of the officer who knew personally about the matter but of person who had only the proceedings before him and swore to their accuracy from information. In this view of the matter, we find ourselves unable to accept the contention of the learned counsel for the respondent that due compliance with the requirements of Art. 311(2) was made in this case. In our opinion, this defect goes to the very root of the matter, and the appeal must, on this ground alone, succeed. Avtar Singh, Police Constable vs. The Inspector General of Police, Punjab, 1968 S.L.R. 131.

8. Dismissal-Refusal to perform the duty. The impugned order does not indicate that the punishing authority examined the claim of the plaintiff for pension having regard to the length of his service. It is undisputed that the plaintiff had 7-1/2 years service to his credit on the date of order of dismissal was passed. The rule enjoined upon the disciplinary authority while awarding the punishment of dismissal from service to take into consideration the length of service of the dilinquent official and his claim to pension. The impugned order does not indicate that the disciplinary authority took into consideration the length of service of the plaintiff and his claim to pension. The order of dismissal being in violation of the statutory rule was rightly held to be invalid. The judgments of the Courts below suffer from no infirmity. The same are upheld. State of Haryana vs. Lachman Singh, 1991(7) S.LR. 74=1992(2) RSJ 398

9. Dispensing with enquiry. Undertrials freed---Dismissed from service after dispensing with regular enquiry-Petition against—Dismissed-Enquiry not dispensed with arbitrarily. Head Constable Swarm Singh vs. State of Punjab and another, 1989(2) RSJ 742.

10. District Magistrate to pass a speaking order. There is no doubt whatsoever that the provisions of Rule 16.38 envisage as to how the authorities shall act in: situation when a complaint is received by the Superintendent of Police indication, commission by a police officer of a criminal offence in connection with his official relations with the public, namely, that either he should be criminally prosecuted or he should be dealt with departmentally by holding departmental enquiry in accordance with the procedure laid down in Rule 16.24. Further, it is also obvious that information of the complaint received by the Superintendent of Police of the commission of criminal offence has to be given to the District Magistrate and after preliminary enquiry as a general rule the criminal prosecution of the police official concerned must follow. In certain exceptional cases, however, where the District Magistrate is of opinion that the delinquent should be dealt with departmentally, he has to give reasons therefor meaning thereby that this must be a speaking order with full application of his mind. In fact, a Division Bench of the High Court of Himachal Pradesh in State of Himachal Pradesh vs. Nain Singh and another, AIR 1986. H.P. Series 727, while relying on the judgment of the Supreme Court in State of Punjab vs. Charan Singh, AIR 1981 SC 1007, has held that if a police officer is criminally prosecuted without any intimation to the District Magistrate or obtaining his prior permission for such prosecution, there is no violation of the provisions of Rule 16.38 but, in case the police officer has to be departmentally dealt with, the prior sanction of the District Magistrate in this behalf is a condition precedent and the District Magistrate is required to pass in such a situation a speaking order after full application of his mind. State of H.P. vs. Baldev Singh, 1989(7) S.LR. 1.

11. Enquiry officer exonerated the petitioner by holding that he was not negligent in the performance of his duties. It was on the basis of this evidence that the Enquiry Officer had exonerated the petitioner of the charges levelled against him. The Senior Superintendent of Police while issuing the show cause notice to the petitioner did not refer to any evidence which may show that the petitioner was negligent in the performance of duties. The show cause notice was totally vague and did not specify the grounds on which respndent No. 2 had disagreed with the findings recorded by the Enquiry Officer. It was merely mentioned that “I do not agree with this report, because you remained posted as Station House Officer, Police Station City, Tarn Taran and it was your duty to take interest in arresting the accused in these cases but you failed to do so. Therefore, I find you guilty in this Departmental Enquiry.” It is not stated as to why the respondent did not agree with the findings of the Enquiry Officer. It does not also indicated as to which part of the enquiry report was being doubted by the officer. In such a situation, it cannot be said that the petitioner was given an effective opportunity to show cause. The petitioner had then made a specific grievance against this action before the appellate as also the revisional authorities. His claim was rejected without any reference to the clear evidence on record.

It is no doubt correct that the High Court while exercising jurisdiction under Article 226 of the Constitution of India does not sit as a Court of appeal. However, it is charged with the duty of ensuring that the action taken by the authorities is just and fair. I am satisfied in the circumstanes of the case that the action was totally arbitrary. Rajinder Kumar. SI (Retd.) vs. State of Punjab and others, 1992(4) S.L.R. 394=1992(3) RSJ 302.

12. Enquiry – Police officer challaned the accused. It must be noticed that it is not the mere presence of a few tyre marks on the record, without anything more, that would suggest that speed at which the vehicle was driven at the relevant time. It is common knowledge based on the ordinary and well known laws of physical that only if the distance over which tyre marks appeared and the weight of the vehicle are known if would be possible to estimate the speed at which the car was driven. Even if a car is driver at a slow speed, when brakes are suddenly applied some tyre marks are possible. There is , therefore no support from the evidence on record before the Enquiry Officer for the view that the petitioner had falsely introduced reference to tyre marks on the road. Hem Raj , A.S.I. Police vs. The Delhi Administration and ors., 1973(1) S.L.R. 340

13. Nature and degree of misconduct. The object of making a preliminary investigation is to ascertain the nature and degree of misconduct which had be formally inquired into. This record of preliminary investigation is no doubt not to be a part of the formal departmental record. There does not seem to be scope, However , for any secret enquiry such as what Shri Jarith says, in the report, he made. This opportunity given to the delinquent is prima facie inconsistent with any notion of secrecy for the delinquent can be present if he likes, though it is not obligatory on his part to be present. It seems difficult to agree with the contention that he could be present only when it was so ordered by the Superintendent of Police or other gazetted officer initiating the investigation. Those words apply to only the enquiry, which is to be conducted when so ordered but not to the presence of the delinquent at such enquiry. If the Superintendent of Police or other officer is given the option of allowing the delinquent to be present or not present it is possible that the very purpose of enabling his presence during such enquiries is likely to be unfulfilled in may cases.

Rule 16.24(v) provides that the enquiring officer “shall record the statements of those defence witnesses whom he decides to admit in the presence of the accused, who shall be allowed to address questions to them, the answers to which shall be recorded” etc. Fairness would require some reasons to be given why some alone among the witnesses in the list of defence witnesses are examined while the examination of others is not permitted. In the present case, by merely looking at that list, one is unable to find anything to distinguish between those who were examined and those who were not, even making allowances for the enquiring officer’s anxiety not to duplicate witnesses. There is no means of knowing the considerations which prevailed with the enquiring officer in the present case in the matter of only recording the statements of only some but not of all witnesses required to be examined in his behalf by the delinquent officer.

All these individually and cumulatively did have an impact on the fairness of the enquiry. It is of extreme importance that such departmental inquiries in which the servants of the State are likely to meet with even major penalties should be punished after a full and fair inquiry, the enquiring officer and others concerned with such enquiries should be careful and avoid giving an impression of unfairness in anything which they do or fail to do. Ram karan vs. Union of India and others, 1975(2) S.L.R. 683

14. Non—supply of statement of witnesses cannot be said to have vitiated the disciplinary proceedings. We have considered these rulings but find that the facts in the present case are materially different from those in the two above mentioned rulings in as no request whatsoever was made in writing for the supply of statement of witnesses recorded during the preliminary enquiry, and the contention of the learned counsel for the petitioners that such a request was made orally during the course of enquiry cannot be relied upon, particularly in view of the clear stand taken by the respondents that the petitioners never applied for the copies of statement as alleged. We have, therefore, no hesitation in coming to the conclusion that the petitioners did not ask for the copies of the statement of the witnesses recorded during the course of the preliminary enquiry and their stand that they asked for such copies verbally is not worthy of any reliance. Godan Devi and anr. vs. Superintendent of Police and ors., 1991(3) S.L.R. 623

15. No reasonable opportunity given to cross-examine the witnesses produced by the department. The final argument raised by the counsel for the respondent is that there was no compliance of the other mandatory provisions of rule 16.24(1) as the respondent had not been given a list of witnesses or documents relied upon by the Department and that a reasonable opportunity was not given to cross-examine the witnesses produced by the Department. We have gone through the pleadings of the parties in this respect and find that no such point was made in the plaint and, as such, no justifiable grievance can now be made on this score. State of Punjab vs. Parkash Chand, Constable, 1992(1) S.L.R. 174

16. Opportunity of hearing not given before passing the order. It has been stated in the examination-in-Chief that no opportunity of gearing was given to the plaintiff before imposing the penalty of dismissal. There is no reliable evidence to rebut the same. It is not dispute at the bar that no opportunity of hearing was given before passing the impugned order though an opportunity of hearing was given after the pronouncement of the punishment. In my considered view it will be no opportunity and it will be in violation of principles of natural justice, apart from the patent violation of rule 16.24(9) which envisages that before a punishment is imposed on a person an opportunity should be given to show cause that the proposed punishment is disproportionate to the offence committed by him. Nothing substantial has been stated to controvert the said proposition. State of Haryana and another vs. Surjan Singh, 1990(2) S.L.R. 88

17. Opportunity of oral hearing. The Statutory requirements of personal hearing envisaged by the portion of clause (ix) just above the proviso, relates to the stage subsequent to the provisional opinion of the competent authority resulting in the service of the ‘show-cause’ notice and prior to the final making up of the mind of the punishing authority. In the instant case, the impugned order shows that not only had the Superintendent of Police made up his mind finally, but had recorded his detailed order wherein he had even considered the question of quantum of punishment and held that there were no extenuating circumstances to inflict on the petitioner any punishment lesser than that of dismissal. Having recorded all that, the punishing authority said in the last sentence of its order that a verbal hearing would, however, be given to the petitioner, as required by the rules “at the time of announcement of the order”. This shows that the alleged verbal hearing given to the petitioner on April 29, 1963, was a mere farce and that the punishing authority had already closed its mind finally in the matter before the oral hearing commenced. This kind of a situation ids often described in legal terminology as a fraud on the requirement of the rule. It has been held in C.P.Govil’s case, 1965(1) DLT 16 that the High Court can set aside any finding or order which has been arrived at without observance of procedure required by law and in violation of principles of natural justice. We are of the considered opinion that the impugned order was passed without observance of the procedure prescribed in clause (ix) of rule 16.24(1) of the Police Rules and the hearing after the perpetration of the final order and just before its announcement, was a cheer formality which cannot be held to have satisfied the requirements of the rule and which appears to have violated the principles of natural justice. Siri Ram vs. State of Punjab, 1967 S.L.R. 678

18. Opportunity of personal hearing. In support of this position the petitioner had also annexed (he has also referred to other instances) a copy of the order of the order of the Inspector General of Police (Annexure Z-19) in Revision Petition filed by H.C.Vinodi Lal where an order of reduction in rank, passed on the ground of his having contracted a second marriage during the life-time of his first wife, was quashed on the ground that Rule 16.24(I)(viii) a similar rule which applied to his case-which required that he should be called upon to appear before the punishing authority and be informed of such punishment being awarded upon him, was not observed. The order of punishment was quashed and fresh orders were directed to be made on the merits of the case from that stage onwards. The rule itself is quite clear; it has been explained and affirmed in the circular issued by the Inspector General of Police on 30.5.1971 (copy of which is Annexure Z-17) drawing attention to the need for the delinquent officer to be produced before the punishing authority before punishment is awarded. There has been a failure to comply with it in the present case; it is unfortunate that inspire of the petitioner asking for a personal hearing he was not granted one. In the view that the enquiry itself has to be quashed from the commencement the need to quash the same from a later stage assumes secondary importance and hence may not have to be discussed further. None the less, reference has been made to this aspect the order to show that in no view of the matter could be punishment of dismissal, as it was originally passed, be justified. Ram Karan vs. Union of India and others, 1975(2) S.L.R. 683

19. Opportunity to a delinquent. Issuance of a written show cause notice to the delinquent official and the consideration of the reply received in response thereto, amounted to substantial compliance with sub-rule (ix) of rule 16.24(1) of the Rules, and the said exercise having gone through in the present case, fulfils the requirement of law. The State of Punjab vs. Parkash Chand, 1992(1) RSJ (D.B) 61

20. Order of dismissal well reasoned—Personal hearing not given. The main argument of the learned counsel for the applicant Sh. H.S. Mann, rested on the meaning and import of the words “dismissal shall be awarded only for the gravest of misconduct”. It was submitted that assuming that the applicant was guilty of the alleged misconduct, still he could not be dismissed except when there were several acts of misconduct, because the above mentioned rule refers to “acts” and not to an “act” of misconduct. It was observed in Bhagwat Parashad v. Inspector General of Police and other, 1967 SLR 807 that there must be plurality of acts of misconduct, does not appear to be sound as such an interpretation could lead to absurd results. An illustration considered in support of the above interpretation was that if a foot constable were to subject a high police officer to a wanton and serious assault, or were to be guilty of a single act of gross insubordination, could was repeated at least once. It was further observed that the use of the words “acts” does not exclude a single act of misconduct and that in order to gauge gravity of misconduct, what matters, is not frequency, as obliquity or delinquency. What really matters is the enormity of the misconduct. Manjit Singh vs. Home Secretary and others, 1989(6) S.L.R. 399

21. Personal hearing – No specific plea. On a reading of the entire written statement, the impression left is that all the requirements of the provisions of law for taking disciplinary action were followed meticulously and there was no violation of infraction of any part of the Rules, and in the absence of the specific plea about non-granting of personal hearing as required by Rule 16.24 of the Police Rules, the State could not be expected to lead evidence in this behalf and the trial Court was not right in observing that the statement of the plaintiff in this behalf remained un-controverted. Evasive plea like the one is to be ignored. The plaintiff has not produced the copy of the order passed by the I.G.Police, from which it dealt with. If the plea about non-granting of personal hearing had been specific then in the interest of justice, I would have allowed the placing on record the copy of the order passed by the I.G. Police, with regard to rebuttal to the other side. Since plea is vague and inconclusive, it is futile to follow this procedure at such a late stage. Joginder Singh vs. Punjab State, 1989(3) S.L.R. 626 = 1992(3) RSJ 1967

22. Personal hearing—Procedure regarding. The first point urged by the counsel for the appellant must succeed. We therefore, hold that the issuance of a written show-cause notice to the delinquent official and the consideration of the reply received in response thereto, amounted to substantial compliance with sub-rule (ix) of rule 16.24(1) of the Rules, and the said exercise having gone through in the present case, fulfills the requirement of law. We are however not unmindful of the fact that written representations are often dealt with in a casual and perfunctory manner and to obviate, this possibility we hold that should a delinquent official request a personal hearing it must be given to him and its denial would vitiate any actin against the official. State of Punjab vs. Parkash Chand Constable, 1992(1) S.L.R. 174

23. Presence before the dismissing authority. Rule 16.24 contemplates two alternatives, either the production of the officer threatened with punishment before the officer who is to pass that order and the recording of an oral statement after informing him of the charges provided against him or else his submitting a written representation against the order proposed to be passed against him after similarly informing him of the charges proved against him.

The onus was on the plaintiff to prove any defect in the proceedings which led to his dismissal. The bare assertion that he was not produced before the Additional Inspector General is not at all sufficient to establish his case. State of Punjab vs. Sunder Singh, 1968 P.L.R.. (S.N) 33

24 Reasons for dispensing with the enquiry. The reasons given for dispensing with the enquiry in he impugned order are: because in the present circumstances if the departmental enquiry is ordered, a large number of witnesses have to be examined and the witnesses may not come forward due to fear of the accused (undertrials) who are still at large and can put the witnesses in constant fear of death and either harm at their hands; that it is not practicable to order a regular departmental enquiry due to the chaotic condition in the Punjab created due to the extremists menace. The said two reasons could not be said to be relevant or extraneous as to hold that the enquiry should not have been dispensed with. Swaran Singh, Head Constable vs. State of Punjab and another, 1989(4) S.L.R. 171= 1991(2) RSJ 115.

25. Reduction in rank Rule 16.24 of the Punjab Police Rules leaves no manner of doubt that it is incumbent on the punishing authority to afford a personal hearing before an order of dismissal or reduction in rank is passed. Rulia Ram Vs. The Punjab State, 1968 P.L.R. (S.N.) 27.

26. Reference to District Magistrate. Rule 16.24(1) (ii) of the Punjab Police Rules shows that “when the allegations are such as can form the basis of a criminal charge. The Superintendent shall decide”----- whether the accused shall be tried departmentally first and judicially thereafter. A harmonious reading of Rules 16.24 (ii) and 16.38 shows that the Superintendent of Police is not required to send information to the District Magistrate regarding any and every criminal offence committed by a police officer. It is in this context, that the use of the expression “ in connection with his official relations with the public” becomes significant. Unless this requirement of Rule 16.38 is satisfied, no reference to the District Magistrate is required. A police officer when accused of criminal offence can be dealt with departmentally and can also be prosecuted in a criminal Court. Rule 16.24(1)(ii) as mentioned above, empowers the Superintendent of Police to take decision in this behalf. Brij Pal Singh, Constable vs. State of Haryana and others, 1991(7) S.L.R. 246.

27. Termination of probationer on the ground of taking part in “a non-taking food compaign” The impugned order of removal dismissal of service was in substance and in effect in order made by way of punishment after considering the service conduct of petitioner . There is no doubt the impugned order casts a stigma on the service career of the petitioner and the order being made by way of punishment, the petitioner is entitled to the protection afforded by the provisions of Article 311(2) of the Constitution as well as by the provision of Rule 16.24(ix)(b) of the Punjab Police Rules, 1934. The petitioner has not been served with any charges of misconduct in discharging of his duties as a police constable nor has he ever been asked to show cause against the said charges. The order of removal from service was made because of his union activities namely participating in the call for expressing the protest of the association for improvement in service conditions by abstaining from taking meals in the Mess on 15^th August , 1982 although the petitioner like other members of the association performed his duties on that day an did not abstain from duty. It cannot be said in the facts and circumstances of the case that the impugned order is an order simplicities of removal from service of probationer in accordance with the terms and conditions of the service. The impugned order undoubtedly, tantamount to dismissal from service by reason of misconduct of the petitioner in discharge of the official duties as police constable. Hardeep Singh vs. State of Haryana and others, 1987(4) S.L.R. 576.

28. Word “enforcement”. The Enforcement Department was a still a Police Department and a Deputy Superintendent of Police (Enforcement) was still a Deputy Superintendent of Police competent to conduct enquiry. The word “enforcement” merely specifies the department to which he was attached. Union of India vs. Jagjit Singh, 1969 S.L.R. 356.

16.25. Standards of evidence and nature of charges.—(1) A police officer called upon the answer a charge of misconduct must be given every reasonable opportunity of proving his innocences; officers conducting departmental enquiries are, however, not bound to follow the provisions of the Criminal Procedure Code or Indian Evidence Act. They may admit any evidence which they consider relevant, and should exclude evidence which is irrelevant to the specific charge under enquiry, or which is introduced merely to prejudice the opposite party or to could the issue. They require only that standard of proof which is necessary to satisfy themselves whether the charge is established or not. Discipline must also be maintained in relation tot he proceedings of departmental enquiries, Refusal by an accused police officer to plead or answer questions; inordinate delay in producting his defence; insubordinate behaviour before the enquiring officer, and the intemperate or impertinent questioning of officers by accused officers who are their inferiors in official status, are, in addition to being contrary to the spirit of the rules for the conduct of departmental enquiries, entirely contrary to the requirements of discipline, and shall be treated accordingly.

(2) Charges need not be framed in relation only to a specific incident or act of misconduct. When reports received against an officer or a preliminary enquiry show that his general behaviour has been such as to be unfitting to his position, or that he has failed to reach or maintain a reasonable standard of efficiency he may and should be charged accordingly, and a finding of guilty on such a charge will be valid ground for the infliction of any authorized departmental punishment which may be considered suitable in the circumstances of the case.

16.26. Payments to witnesses. -- Witnesses summoned in departmental enquiries shall be entitled to journey expenses and, if detained for more than twelve hours, to suitable detention allowance. Such expenditure shall be paid out of the allotment for “Rewards to private persons”.

16.27. Panel officers. -- When it appears that allegations of misconduct on the part of a police officer in respect of his relations with the public are of such a nature as to involve a lengthy and complicated investigation, or when in any district important enquiries of this nature are so numerous as seriously to hamper the fulfilment by superior officers of the district staff of their normal duties the Superintendent may apply through the Deputy Inspector-General to the Inspector-General for the services of a special officer to conduct such enquiry or enquiries. If the Inspector-General decides to support the request, he will apply to the Chief Secretary to Government for the services of member of the panel of selected retired officer. If a panel officer is deputed, he will hold his investigation and record all available evidence under the general supervision of the immediate superior of the officer under suspicion, who may be in a position to give evidence. He shall have no powers of punishment and on the conclusion of investigation he will submit his report and the record of evidence to the superintendent of Police with a recommendation as to the charges which, in his opinion, can be established. The prescribed procedure for final orders, appeals, etc. shall then apply Panel officers will be remunerated by the Inspector-General at the rates authorised by the Local Government. (Chief Secretary’s confidential latter No. 37996, dated 20^th October, 1926).

16-28. Powers to review proceedings. – (1) The Inspector-General, a Deputy Inspector-General, and a Superintendent of Police may call for the records of awards made by their subordinates and confirm, enhance, modify or annul the same, or make further investigation or direct such to be made before passing orders.

(2) If an award of dismissal is annulled, the officer annulling it shall state whether it is to be regarded as suspension followed by reinstatement, or not. The order should also state whether service previous to dismissal should count for pension or not.

(3) In all cases in which officers propose to enhance an award they shall, before passing final orders, give the defaulter concerned an opportunity of showing cause, either personally or in writing, why his punishment should not be enhanced.

SYNOPSIS

1. Appellate Authority had no jurisdiction to remand the case to the punishing authority to pass a de novo order of punishment.

2. I.G. competent to review the proceedings and enhance the penalty imposed by Superintendent of Police.

3. Penalty—Enhancement of.

COMMENTS

1. Appellate Authority had no jurisdiction to remand the case to the punishing authority to pass a de novo order of punishment. A plain reading of the Rule makes it clear that the Appellate Authority i.e. the Deputy Inspector General of Police, had the following options after calling for the record and the award made by his subordinate authority : (i) to confirm the award; (ii) to enhance, modify or annul the award, or make further investigation himself, or direct such further investigation to be made by the subordinate authorities before passing the orders of confirmation, enhancement, modification or annulment. He had no jurisdiction to remand the case to the punishing authority to pass a de novo order of punishment. The jurisdiction of the Appellate Authority having been specified by the statutory provisions, the jurisdiction to remand shall be deemed to have been impliedly not granted. In view of this, the remand order being without jurisdiction, all the subsequent proceedings shall be deemed to be void and without jurisdiction. Punjab State vs. Piara Singh, Ex-Head Constable 1988(7) S.L.R. 493

2. I.G. competent to review the proceedings and enhance the penalty imposed by Superintendent of Police. The provisions of the Act cannot be carried properly unless suitable and detailed rules are made with a view to see that proper and appropriate punishment is awarded in a particular case consistent with the efficiency of the police force and the idea of prevention and detection of crime. When, therefore, the State Government framed Rule 16-1 and provided the lessor punishment of stoppage of increment or forfeiture approved service, it was completely within its powers under Section 46 to frame such a rule. To sum up, therefore, we are of the opinion that it is not possible to contend successfully that Rule 16-1 which contemplates the punishment of stoppage of increment or forfeiture of approved service is in any manner ultra vires the statute. Shri Bhagat Ram vs. Inspector General of Police, himachal Pradesh and others, 1979(3) S.L.R. 256

3 Penalty - - Enhancement of. The petitioner, in support of his contention, has relied upon Anadi Pradhan vs. Inspector General of Police and others, 1971(2) SLR 711, wherein it was held that the appellate authority had no jurisdiction to enhance the punishment in an appeal filed by the delinquent official when the department had not appealed against of quantum of punishment inflicted by the disciplinary authority. The ratio of this judgment is not applicable to the facts of this case. Another judgment relied upon is State of Mysore vs. H.D. Kolkar, 1974(1) SLR 51. The facts of this case are completely different from the facts of the case under consideration. Gopi Chand, Head Constable vs. Deputy Inspector General of Police, Hissar Range and others, 1979(3) S.L.R. 586

16-29. Right of appeal. – (1) Appeals shall lie only against orders of dismissal or reduction or stoppage of increment or forfeiture of approved service for increment.

(2) There shall be one appeal only from the original order, and the order of the appellate authority shall be final.

(3) A copy of the original order appealable shall be supplied to the person concerned free of cost.

(4) Any person wishing to appeal under sub-rule (1) may apply to the Superintendent for a copy of the complete record, or any portion thereof. Such copies shall not be given during the pendency of the original proceedings for the facilitating of cross-examination or the preparation of the defence. Copies of the record of preliminary enquiries [rule 16-24 (viii) shall not be given for purposes of appeal.

Such application shall bear a court-fee stamp of the value of two annas, unless the applicant is in Jail, and shall be accompanied by a deposit of the copying fees chargeable under the scale in force in the civil courts of the district.

(5) The copy of such record shall be given with as little delay as possible, and the Superintendent shall certify to its correctness and to the date on which it was given to the applicant.

(6) The appellate authority in cases of reduction and dismissal is an indicated in the following table :--

SEE TABLE on next page

(For the words “Officers-in-charge of Recruits Training Centres” or or any singular or plural variants thereof, wherever occurring, the words “Officers-in-charge of Police Constables Training Centres” Shall be substituted-For Punjab vide G.S.R. 43 dated 4.4.1988).

(7) Appeals against reduction shall be presented through the Superintendent of Police of the district in which the appellant is serving; but in the case of officers serving directly under a Deputy Inspector-General of Police appeals shall be forwarded through such Deputy Inspector-General of Police. Appeals against dismissal shall be forwarded direct to the appellate authority.

1	2	3	4	5	6
Serial No.	Name of Police Station	Allowance of Bhisti	Allowance for sweeper	Total	Remarks.
		Rs. a. P.	Rs. a. P.	Rs. a. P.
	Total …

HOUSE-RENT ALLOWNCE CREASED TO BE DRAWN.					HOUSE –RENT ALLOWANCE APPLIED FOR.						Net. Progressive total of house-rent allowances of the changes are sanctioned.
Serial No. on the permanent list of sanctions.	Name, rank and number of officer who ceaed to draw house-rent allowance.	Rate of house-rent allowance.	Date from which the house-rent allowance ceased to be drawn.	Reasons for cessation.	Name, rank and No, of officer for who house-rent allowance is applied.	Locality of propcsed house.	Name of owner of house proposed to be rented.	Rate of house-rent allowance	Date from which sanction is asked for.	Grounds for application.
1	2	3	4	5	6	7	8	9	10	11	12

Serial No.	Name, rank and number	Rate of house-rent allowance.	Date from which sanctioned	Authority.	Progressive total	Remarks
1	2	3	4	5	6	7

Serial No.	Name and designation of the Government servant to whom the house-rent allowance is granted or withdrawn.	Rate of house-rent allowance.	Date from which sanctioned.	Date from which ceased.	Progressive total of previous month.	Net progressive total at the end of the month under report	Remarks
1	2	3	4	5	6	7	8

Number of Order Book Entry.	VACANCIES DURING THE MONTH						ENLISTMENT, PROMOTION, &c., MADE TO FILE UP THE VACANCIES (SHOW IN COLUMNS 1 OR 70)							SAVINGS		REMARKS
	Provincial or Constabulary No,	Name.	Rank and Grade.	Date of Vacancy.	Period of Vacancy	Cause of Vacancy	Number of Order Book Entry.	Provincial or Constabulary No.	Name	Rank and Grade	Date form which appointment on promotion to have effect.	Period	Amount given (Pay of new appointment.)	Period (column 6 less column 13)	Amount
1	2	3	4	5	6	7	8	9	10	11	12	13	14	15	16	17
													Rs.A.P		Rs.A.P

										Grand Total …

Police Department ___________ District

Police Department ___________ District

Police Department ___________ District

Constable

Horse

For purchase of a remount

Payment

Police Department ___________ District

Police Department ___________ District

RANGE

POLICE DEPARTMENT . ______________ DISTRICT

POLICE DEPARTMENT _________________ DISTRICT

POLICE DEPARTMENT ___________________ DISTRICT

POLICE DEPARTMENT __________ DISTRICT

POLICE STATION. ____________ DISTRICT

Camelss

letter of

Excluding

PART VI

PART – II

PART III

PART IV

Urdu Office

Appendix no. 11-4-A

Appendix no. 11-6

Appendix no. 11-26-(1)

Appendix no. 11-27

Appendix no. 11-36

Appendix no. 11-39 (1) (a).

THE PUNJAB POLICE RULES

SYNOPSIS

COMMENTS

The reason are allowance for the different ranks will be as follows:-

Rank Allowance for medal or Allowance for Bar

1	2	3	4	5	6	7	8					9
Annual Serial No.	Date	Nature of receipt or expenditure	Receipt	Expenditure	Balance	Reference to previous subsequent, of final numbers in this Register, regarding the same transactions.	REFERENCES TO					DETAIL OF BALANCE TO BE GIVEN DAILY.
							(a)		(b)		(c)	Reference to the serial No, of this Register on which the amount composing balance was originally entered.		Description of money.
							Receipt Book No. (Rule 10-14)		Road certificate No, (Rule 10-17).		No of entry in station daily in which details are given
219	1-6-26	For the month of June 1926 Balance from last month …	Rs 25	Rs .	Rs. 25	…	…		…			215		Reward due to Dharam Singh, Zaildar of Village		Rs.
																…	25
221	4-6-26	Pay for May 1926 … …	405	…	430	221, 224, 225.		50		…			215	(i)	Reward due to Dharam Singh, Zaildar	…		25
221	4-6-26	To pay of Sub-Inspector, H.C. and F. Cs.	…	352	78	220		…		…			220	(ii)	Pay of F. Cs.	…		53
														Total		…		78
222		Pay of menials for May 1926	44	…	123	227		51		…	…		215	(1)	Reward due to Dharam Singh, Zaildar	…		25
223		Travelling Allowance of Establishment (Bill No.15)	200	…	322	226		52		…	…		222 223	(2)	Pay of menials	…		44
224	5-6-26	To S.I. Shahabad – Pay of F. C. No.25, Nanda, transferred to that P.S.	…	17	305	220		…		70	…		…	(3)	Travelling Allowance of Establishment	…		20
225	5-6-26	To pay of Foot Constables	…	36	269	220		…		…	…		…		Total	…		89
226	5-6-26	Disbursed Travelling Allowance of Establishment	…	180	89	223		…		…	…		…		Travelling Allowance of Establishment	…		20
227	10-6-26	Disbursed pay of menials for May 1926.	…	44	45	222		...		…	…		…
228	10-6-26	To Dharam Singh, Zaildar	…	25	20	215		…		…	…		…
229	25-6-26	Estate of deceased F. C. No. 35, Abdullah, of Ambala District, due to his widow, Mussammat of village	50	…	70	…		53		…	…		223 229
		Total for June 1926 …	724	654	70	…		…		…	…		…

1	2	3	4	5	6	7	8			9	10
Annual Serial No,.	Date	Nature of receipt or expenditure	Receipt	Expenditure	Balance	Reference to previous subsequent, of final numbers in this Register, regarding the same transactions.	References			Reference to the entry in the Corresponde4nce Register (No. 5), relating to the application made for recoupment	Remarks
							(a)	(b)	(c)

		For the month of June, 1926	Rs.	Rs.	Rs.
180	1^st June,1926	Balance …	15	…	15	…	…	…	2	…
181	5^th June 1926	By departmental expenses bill, dated 20^th May,1926	2	…	17	150	22	…	18	…
182	9^th June 1926	Judicial expenses in case First information Report No, 27, dated 24^th May, 1925.	…	5	12	184	…	…	…	No. 6, dated 9^th June, 1926
183	15^th June, 1926	Repairs to beds and boxes	…	3	9	185	…	…	…	No. 17, date d15th June, 1926.
184	20^th June, 1926	By judicial expenses bill, dated 9^th June, 1926	5	…	14	182	…	…	15	…
185	25^th June, 1926	By departmental expenses bill, dated 15^th June, 1926.	3	…	17	183	…	…	17	…
186	28^th June, 1926	Judicial expense in case First Information Report No, 32, dated 15^th June, 19^th 1926	…	7	10	…	…	…	…	No,. 22, dated 28^th June, 1926.
187	29^th June 1926	Repairs to chair …	…	2	8	…	…	…	…	No, 24, dated 29^th June, 1926
		Total …	25	17	8	…	…	…	…	…

Date		:	Superintendent of Police
The	19 .		Superintendent of Police

							Rs.
(1)	By letters of credit, -Vide Chalan attached			…	…	…
(2)	By chash orders, -Vide Chalan attached			…	…	…
(3)	Cash (if any)	…	…	…	…	…
Total						…

Date		:	District Health Officer.
The	19 .		District Health Officer.

Provincial or Range No.	Name	Rank and grade	PAY AND ALLOWANCES CLAIMED								DEDUCTION		BALANCE	SIGNATURE OF THE PAYEE, WITH DATE	REMARKS
			Pay, acting allowance or leave salary (separately).	Special pay	Compensatory allowance					Total	On account of	Amount
					House Rent	Conveyances	Horse	Motor Cycle
1	2	3	4	5	6	7	8	9	10	11	12	13	14	15	16
	Brought for ward		Rs. A.Pl							Rs. A. P		Rs. A. P.	Rs. A. P.

Fund	Income Tax	Refunds	Clothing	Equipments	Departmental Revenues	Chanda	Miscellaneous	Remarks
Rs. A.P.	Rs. A.P.	Rs. A.P.	Rs. A.P.	Rs. A.P.	Rs. A.P.	Rs. A.P.	Rs. A.P.

Head Constables																		Selection Grade Constables										Time-scale Constables					Allowances
	Serial No. in pay sheet	Name	Rs.30 per mensem	Rs.31 per mensem	Rs.32 per mensem	Rs.33 per mensem	Rs.34 per mensem	Rs.35 per mensem	Rs.36 per mensem	Rs.37 per mensem	Rs.38 per mensem	Rs.39 per mensem	Rs.40 per mensem	Rs.41 per mensem	Rs.42 per mensem	Rs.43 per mensem	Rs.44 per mensem		Rs.45 per mensem	Rs.20 per mensem	Rs.21 per mensem	Rs.22 per mensem	Rs.23 per mensem	Rs.24 per mensem	Rs.25 per mensem	Rs.26 per mensem	Rs.27 per mensem		Rs.28 per mensem	Rs.17 per mensem	Rs.18 per mensem	Rs.19 per mensem		Rs.20 per mensem	Conveyance	House Rent	Local	Statistical	Special Pay		Total amout claimed
	1	2	3	4	5	6	7	8	9	10	11	12	13	14	15	16	17		18	19	20	21	22	23	24	25	26		27	28	29	30		31	32	33	34	35	36	37	38

1	2	3	4	5	6	7
Serial No.	Number, rank and grade	Name	Date of arrival	Station from which received	Allowance if any, to which entitled while at this Police Station	Remarks (Quote here No. of the Daily Diary Report)
					R. a. p.

1	2	3	4	5	6	7	8	9	10	11	12	13	14	15	16	17
Constabulary No.	Names	Rank and grade	Pay	Where posted during the month of
Constabulary No.	Names	Rank and grade	Pay	January	February	March	April	May	June	July	August	September	October	November	December	Remarks
1


2


3 An so on

Serial No.	Name of Station, etc.	Head Constables																Constables, Selection Grade
		1^st Class				Second Class												At Rs.28		At Rs.27		A tRs.26		At Rs.25		At Rs.24		At Rs.23		At Rs.22
		At Rs.45	At Rs.44	At Rs.43	At Rs.42	At Rs.41	At Rs.40	At Rs.39	At Rs.38	At Rs.37	At Rs.36	At Rs.35	At Rs.34	At Rs.33	At Rs.32	At Rs.31	At Rs.30	No.	Amount	No.	Amount	No.	Amount	No.	Amount	No.	Amount	No.	Amount	No.	Amount
1	2	3	4	5	6	7	8	9	10	11	12	13	14	15	16	17	18	19	20	21	22	23	24	25	26	27	28	29	30	31	32

	Total Carried out

Serial No.	Name of Station, etc	Constables, Selection Grade				Constables, Time scale									Other Allowances									Deduction									Balance (Columns54 less column 63	Remarks
		At Rs.21		At Rs.220		At Rs.20		At Rs.19		At Rs.18		At Rs.17		Special Pay	Local Allowances									To be deducted from pay bill		Police Deposit		To be credited into Treasury			Miscellaneous	Total (Columns 55 to 62)
		No.	Amount	No.	Amount	No.	Amount	No.	Amount	No.	Amount	No.	Amount	Special Pay	Conveyance Allowance	House Rent		No.	Amount					Fund	Refunds	Clothing	Equipment	Estate	Departmental Revenue	Chanda	Miscellaneous	Total (Columns 55 to 62)
1	2	33	34	35	36	3	38	39	40	41	42	43	44	45	46	47	48	49	50	51	52	53	54	55	56	57	58	59	60	61	62	63	64	65

	Total Carried out

S.No. of Columns of the pay bill		Head Constables														Constables, Selection Grade
	Description	First Class				Second Class										At Rs.28		At Rs.27		At Rs.26		At Rs.25		At Rs.24		At Rs.23		At Rs.22
	Description	At Rs.45	At Rs.44	At Rs.43	At Rs.42	At Rs.41	At Rs.40	At Rs.39	At Rs.38	At Rs.37	At Rs.36	At Rs.35	At Rs.32	At Rs.31	At Rs.30	No	Amount	No	Amount	No	Amount	No	Amount	No	Amount	No	Amount	No	Amount
1	2	3	4	5	6	7	8	9	10	11	12	13	14	15	16	17	18	19	20	21	22	23	24	25	26	27	28	29	30
8 7 6 5 4	Pay to be drawn (brought over from last page). Pay at Training Schools or drawin in other districts. *Pay held over for future payments + Savings on account of leave, suspension, etc. # Savings on account of vacant appointments.
3	Total …
	Sanctioned scale …

1	2	3	4	5	6	7	8	9	10	11	12	13	14	15	16	17	18	19	20	21	22	23	24	25	26	27	28	29	30	31	32	33	34
Detail.	HEAD CONSTABLES.																	CONSTABLES SELECTION GRADE										CONSTABLES, TIME-SCLE.
Detail.	Rs 45	Rs 44	Rs 43	Rs 42	Rs 41	Rs 40	Rs 39	Rs 38	Rs 37	Rs 36	Rs 35	Rs 34	Rs 33	Rs 32	Rs 31	Rs 30	Total Rs.	Rs 28	Rs 27	Rs 26		Rs 24	Rs 23	Rs 22	Rs 21	Rs 20	Total Rs.	Rs 20	Rs 19	Rs 18	Rs 17	Total Rs.	Remarks
1. Last (monthly) Serial No, in pay list). 2.Deductions for vacancies (including deputations.) 3. Balance. 4. (Add) vacancies (in column 32 only). 5. Total.

1	2	3	4	5	1	2	3	4	5
No.	Rank, grade and rate of pay	Days	Amount	Total for each grade or each step in the time scales	No.	Rank, grade and rate of pay	Days	Amount	grad
			Rs. A. P	Rs. A. P.		Brought for ward		Rs. A.P.	Rs. A.P.

	Carried over					Grand Total

Sanctioned St4reth in each grade.	Rank and Rate of Pay.	Sanctioned Pay.	SAVING ON ACCOUNT OF		Pay, Acting or leave salary of absentness held over for future payment.	Pay of men deputed to Training School.	Pay and Leave Salary drawn of men present, I, e, Col. 3, minus Cols. 4 to 7.	FUND DEUCTION
Sanctioned St4reth in each grade.	Rank and Rate of Pay.	Sanctioned Pay.	Vacant Appointments	Leave, Suspension, etc		Pay of men deputed to Training School.		Postal Insurance.	General Provident Fund Deductions.	Other Deductions, viz., H. B. Advance, Motor Cycle or Advance, etc.
1	2	3	4	5	6	7	8	9	10	11
		Rs. A. P.	Rs. A. P.	Rs. A. P.	Rs. A. P.	Rs. A. P.	Rs. A. P.	Rs. A. P.	Rs. A. P.	Rs. A. P.
	Grand Total Rs. …

Section of Establishment	Name	Period	Amount.
			Rs. As. Ps.
		Total Rs. ..

	TREASURY :		Examined and entered.

The		19 .	Treasury Accountant.	Treasury Officer.

Serial No.	Name of official	Designation	Number of Policy or contract	Amount	Remarks
				Rs. A . P

1	2	3	4
Date of payment	Name and address of payee or of accused person	Full description and rate of payment	Amount
			Rs. a. p.
		Total (in words)rupees

1	2	3	4	5
Serial No. of voucher	Date of payment	Name and address of payee	Brief description of payment	Amount paid
Serial No. of voucher	Date of payment	Name and address of payee	Brief description of payment	Rs.	As.	Ps.

Total (in words)
Total (in words)

Account of Contract Allotment Ammount of allotment		Amount
	Rs.
	Amount
Deduct – Total of present Abstract Total of previous Abstract Amount of Bills
Total up to date
Available Balance

1	2	3	4	5	6	7	8	9	10
Serial No	Date of preparing in the Range Officer	Date of receipt in the Range Office	Date of commencing journey.	Date of ending journey	Amount claimed	Amount passed.	Initial of controlling officer.	Date of despatch.	Remarks.

1	2	3	4	5	6	7	8	9	10	11
Serial No,	Provincial, Range or Constabulary No.	Name	Rank and Rage.	DATE OF JOURNEY.		Amount due to the Officer.	DEDUCTIONS.		Balance due to each officer and paid.	Signature or seal of the payee.
				From.	To.		On account of.	Amount.

			GRAND TOTAL Rs.

1	2	3	4	5	6	7	8	9	10	11	12
Annual Serial No. of the English Bill.	Serial No, of each individual in the English Bill.	Provincial, Range or Constabulary No,	Name,	Rank and grade.	Journey.			Total amount for each Officer.	Total amount for each English Bill.	Annual serial No, of Urdu acquittance roll and Serial No. of each individual in column 1 of he roll.	Dates of enoashmet of the bills Signature of the Superintendent opposite the Total (column 10). Any other information or remarks necessary.
					Date.		Purose.
					From.	To.
				TOTAL.				Rs. a.p.	Rs. a.p.

1	2	3	4	5	6	7
Serial No.	District.	Actual for past year.	Estimated for current year.	Average based on actuals of past 3 years.	Estimated for next year.	Remarks.
	Receipts.
1.	Opening balance on 1^st April in columns 3, 4 and 6*.
2.	Receipts.
3.	Total receipts including balance*. Total …
	Expenditure. ↕
4.	Establishment … …
5.	Contingencies … …
6.	Total expenditure … …
	Total …
7.	Closing balance on 31^st March in column 3, and estimated closing balance on 31^st March in column 4 and in column 6*.

Serial #	Rule.	Nature of return	Date of submission	To whom to be submitted	Period after which retune may be destroyed	Remarks
		ENGLISH RETURNE			Years
		Weekly.
1)	21˙9(I)..	Superintendent’s dairy No. 1	Saturday evening	Through District Magistrate to the Deputy Inspector General	2	To be sent to Commissioner or Inspector General if considered necessary
2)	21˙9(3)..	Assistant or Deputy Superintendent and Probationary Assistant’s dairy.	Ditto	Trough Superintendent to Deputy Inspector General	2
3)	21˙12(I)..	Confidential dairy No. Ii	Ditto	1^st copy. – Retain for record. 2^nd copy. –Deputy Inspector General of range. 3^rd copy. – Assistant to Deputy Inspector General of Police, Criminal Investigation Department. 4^th copy. – Ditto ditto. 5^th copy. –Deputy Inspector General of range, through (i) District Magistrate and (ii)Commissioner.	3 or more.
4)	22˙66(2)..	Vital statistics	Monday evening	District Health Officer …		Urdu Return.
		MONTHLY
5)	21˙15(1)..	Monthly statement of crime	With first weekly diary of each month.	Through District Magistrate to the Deputy Inspector General.	3	A copy of Superintendent’s review with extract from statement to reach Deputy Inspector General on the 5^th of each month.
6)	10˙83..	Salary bills, gazetted officer	1^st working day in each month.	Treasury Officer …	10
7)	10˙95(I)..	Salary bills, upper subordinates.	Ditto	Ditto	10
8)	10˙96(I)(B)&(C)..	Salary bills, lower subordinates.	Ditto	Ditto	10
9)	10˙159(a)..	Travelling allowance bill, gazetted officers.	Whenever necessary.	Deputy Inspector General …	5
10)	10˙159(b)..	Travelling allowances, bill, enrolled officers.	Ditto	Treasury Officer …	3
11)	10˙28..	Retune of income …	1^st working day in each month.	Inspector General …	1
12)	10˙5..	Account of expenditure in B. M. Forms Nos. 29, 28 and 31.	3^rd working day in each month.	Ditto	-
13)	10˙5..	Monthly statement of expenditure	Ditto	Inspector General and Deputy Inspector General.	1
14)	10˙20(I)..	Chalan for remitting chanda money into treasury.	5^th working day in each month.	Inspector General	5
15)	10˙27(3)..	Return of receipts and expenditure of additional polic4e.	Ditto	Inspector General and Accountant General	-	Prepared in triplicate – 1 copy for Inspector General and 2 for Accountant General.
16)	10˙95(3)..	Absentee statement of Inspectors and Sergeants.	Ditto	Inspector General	-
17)	10˙95(3)..	Absentee statement of sub-inspectors and assistant sub-inspectors.	Ditto	Deputy Inspector General	1
18)	10˙112..	Contingent bills,	Ditto	Treasury Officers.	5
19)	15˙24..	Return of rewards	Ditto	Deputy Inspector General	2
20)	16˙15(I)..	Return of punishments	Ditto	Ditto ditto.	2
21)	10˙117(2)(a)..	Statement showing the number, date and amount of railway warrants.	Roth working day in each month.	Accountant General	-
		QUARTELY.
22)	20˙5(4)..	Report of inspection duty performed by gazetted officers.	5^th working day in January, April, July and October.	Trough District Magistrate to Deputy Inspector General	2
		HALF – YEARLY
23)	15˙21..	Recommendations for Orders and Indian titles.	1^st July and 1^st December.	Through Deputy Inspector General to Inspector General Police.		Confidential
24)	13˙9(3).. 13˙10(I)..	Report on the working of head constables on list D and Assistant Sub-Inspectors on List E.	15^th March and 15^th September in the case of head constables and 15^th October in the case of Assistant Sub-Inspectors.	Deputy Inspector General	-
25)	19˙27..	Report on probationary Sergeants and Inspectors who fail to pass their examination the Training School.	When necessary	Inspector General	-
		ANNUAL
26)	23˙212..	Statement showing the result of action taken against proclaimed offenders.	1^st working day of January	Deputy Inspector General, Criminal Investigation Department.	1	1 copy in English and 1 in Urdu.
27)	6˙25..	Indents for arms, ammunition and ordnance stores.	1^st week of January	Through Deputy Inspector General to the Chief Ordnance Officers.	2
28)	21˙16(I)..	Annual administration report.	15^th January	Through District Magistrate to Deputy Inspector General and Inspector General.	Permanent.
29)	14˙23(I)..	Certificates of gazetted police officers regarding additions to immovable property.	Ditto	Assistant Inspector General of Police, Punjab.	Do
30)	21˙16(3)..	Retunes appended to the annual police administration report.	Ditto	Inspector General	Do
31)	19˙35(I)..	Return showing result to target practice.,	Ditto	Deputy Inspector General	1
32)	5˙21..	Indent for tents	20^th February	Inspector General	1
33)	4˙32..	Indent for war medal ribbon		Ditto	1
34)	11˙43..	Indent for universal forms and official envelopes	Ditto	Through Deputy Inspector General to Superintendent, Government Printing.	3
35)	21˙18(2).. 21˙18(3)..	Criminal Tribes Report	1^st April	Through District Magistrate, Deputy Inspector General and Commissioner to Deputy Commissioner, Criminal Tribes	Permanent	A copy of the Superintendent’s report to be sent to the Assistant to the Inspector General of Police for Criminal Tribes, by the 1^st April each year.
36)	16˙18..	Return of punishment for corruption	10^th April	Through Deputy Inspector General to Inspector General.	5
37)	10˙85(2)..	Statement showing upper subordinates on leave and under suspension.	15^th April	Deputy Inspector General	-
38)	10˙105(3)..	Acknowledgment of permanent advance.	Ditto	Accountant General	5
39)	13˙17..	Confidential report on assistant sub-inspectors sub-inspectors. Sergeants and inspectors.	Ditto	Deputy Inspector Genral	-
40)	13˙15..	Recommendations for promotion to rank of Inspector.	1^st May	Ditto	-
41)	15˙20..	Recommendation for the Kings’ Police Medal.	Ditto	Through Deputy Inspector General to Inspector General	-	Confidential
42)	10˙85(I)..	Establishment Return	15^th May	Accountant General	-	-
43)	10˙113(I)©..	Refunds of clothing deposits	Ditto	Inspector General	-
44)	10˙113(2)..	Special contingent bills on account of charges for clothing and equipment	Ditto	Deputy Inspector General	5	*Approximately.
45)	11˙47..	Indents for standard and non-standard departmental Urdu forms.	1^st June	Through Deputy Inspector General of Superintendent, Government Printing.	3
46)	11˙57(4)..	Indents for Survey Maps.	Ditto	Inspector General	2
47)	10˙170(I)..	Proposals involving new expenditure.	15^th June	Through Deputy Inspector General to Inspector General.	5	Very urgent proposals may be submitted by 1^st September.
48)	11˙40(I)..	Indents for English Stationery	Ditto	Inspector General	2
49)	11˙40(3)..	Estimate of total expenditure on account of English stationery	1^st July	Ditto	3
50)	15˙20(2)..	Recommendations for the Indian Police Medal	Ditto	Through the Deputy Inspector – General to Inspector – General	..
51)	10˙166(I)..	Budget estimate of police lands contingent grant	1^st August	Deputy Inspector – General	3
52)	11˙44,II˙45..	Indents for English standard and non-standard departmental forms.	Ditto	Through Deputy Inspector – General to Superintendent, Government Printing	3
53)	10˙170(2)..	Proposals involving new expenditure on buildings	1^st September	Through Deputy Inspector – General to Inspector – General	5	Urgent supplementary proposals may be submitted by the 10^th October.
54)	15˙9 (3)..	Recommendations for the grant of Sanads.	Ditto	Deputy Commissioner	..
55)	11˙46..	Indents for treasury and accounts forms.	Ditto	Deputy Inspector – General	3
56)	13˙14(I)..	Recommendation rolls of Sub-Inspectors considered fit for the selection grade.	Ditto	Ditto	Permanent
57)	10˙168..	Budget estimate –29-Police-2- District Executive Force B.M.I / 139	Ditto	Ditto	..
58)	10˙168(B.M.3*I)..	Budget estimate-29 Police-8-Miscellanous B.M.I / 147	Ditto	Ditto	..
59)	9˙17(I)B..	Returns of upper and lower subordinates due for super-annuation on attaining the age of 55 years or more.	1^st October	Ditto	Permanent
60)	10˙168(B.M.3*I)..	Budget estimate 47 – Miscellaneous Departments (Transferred) I-Provincial statistics B.M.I / 150	Ditto	Inspector – General of Police	…
61)	10˙168(B.M.3*I)...	Budget estimate XXIII- Police, Part I / B.M.I / 24	20^th October	Inspector – General	…
62)	21˙20 (I)..	List of fairs and assemblies to be held during the ensuing year	1^st December	Ditto	1
63)	10˙4..	Recommendations for the grant of class-II commendation certificates to upper subordinates.	End of each year	Deputy Inspector – General	Permanent

1	2	3	4	5	6	7
S. No.	Rule	Nature of return	Date of submission	To whom to be submitted	Period after which the office copy of the return may be destroyed	Remarks
		monthly			Years
1	10-38	Salary bills of gazetted officers	1^st working day in each month	Treasury Officer or Accountant General	10
2	10-95 10-96	Salary bills of office clerks	Ditto	Ditto	10
3	10-159(a)	Travelling allowance bills of gazetted officers	When necessary	Ditto	5
4	10-159(b)	Travelling allowances bills of clerks	Ditto	Ditto	3
5	10-5	Account of expenditure in B.M. Forms Nos.29, 28 and 31	3^rd working day in each month	Inspector-General	…
6	10-5	Monthly statement of expenditure	Ditto	Ditto	1
7	23-20	Monthly return of re-arrest of restricted criminal tribesmen	1^st week of each month	Assistant Inspector-General, Criminal Tribes	…
8	10-95(3)	Statement showing permanent or officiating vacancies in their Clerical establishments	10^th of each month	Inspector-General	1
9	21-15(2)	Monthly statement of crime	15^th of each month	Deputy Inspector-General, CID, copies to Commissioner in the range	3
10	10-95(2)(b)	Absence statement	Ditto	Accountant-General	…
		Half-Yearly
11	16-21	Recommendations for Orders and Indian Titles	15^th July and 15^th December	Inspector General	…	Confidential

1	2	3	4	5		6	7	8
				AMOUNT OF PROPETRY
No.	Name of person recomm-ended if (a Police Officer, give Rank and Number	Amount of Reward recommended	Particulars of offence in which reward is offered, giving date of offence with date of offer of reward and of recovery of property	Stolen	Recovered	Details of service rendered	If the reward is offered by a private person, his name and status, etc., together with a copy or translation, if in vernacular of original letter offering the reward	Remarks by forwarding authority

1	2	3	4	5	6	7	8
Month and date	First Information Report, No. and date	Brief description of the cases	Amount paid	Name of person to whom paid	Nature of penditure	Reference to contingent Voucher No.	Initial of Superintendent and Deputy Inspector General