DELHI POLICE (PROMOTION AND CONFIRMATION) RULES, 1980

DELHI POLICE (PROMOTION AND CONFIRMATION) RULES, 1980][1]

PREAMBLE

In exercise of the powers conferred by sub-section (1) of Section 147 of the Delhi Police Act (Act No. 34 of 1978), the Administrator is pleased to make the following rules:

Rule 1. Short title.

They shall be called the Delhi Police. (Promotion and Confirma­tion) Rules, 1980.

Rule 2. Applicability.

They shall be applicable to all subordinate ranks of Delhi Police.

Rule 3. Commencement.

These rules shall come into force with effect from the date of their publication in the Delhi Gazette.

Rule 4. Definitions.

"Subordinate ranks" means members of the Police force of and below the rank of the Inspector.

"Cadre" means the strength of service or a part of service sanctioned as separate Unit.

"Ministerial" means a Police employee of subordinate rank of and above the rank of Head Constable whose duties are entirely clerical.

"Lower Subordinates" means and includes Police Personnel of and above the rank of Head Constable.

"Upper Subordinates" means and includes Police Officers of rank of Assistant Sub-Inspector and Inspector.

Rule 5. General principles of promotion.

(i)       "Promotions from one rank to another and from lower grade to the higher grade in the same rank shall be made by selection tempered by seniority. Efficiency and honesty shall be the main factors governing selection (Amended vide Notification No. F.5/60/83-H(P)/Estt., dated April 7, 1984). Zone of consideration will be determined in accordance with the rules/instructions issued by the Government from time to time.

[2][(ii) All promotions from one rank to another against temporary or permanent vacancies, except in the case of ad-hoc arrangements shall be on officiating basis. The competent authority on completion of probation period of two years may assess the work and conduct of the officer himself and in case the conclusion is that the officer is fit to hold the higher grade, he will pass an order declaring that the person concerned has successfully completed the period of probation. If the competent authority considers that the work of the officer has not been satisfactory or needs to be watched for some more time, he may recruit him to the post or grade from which he was promoted, or extend the period of probation, as the case may be.]

[3][(iii) In the case of officers who are under suspension or facing departmental enquiry, criminal proceedings, their suitability for promotion list should be assessed at the relevant time by the Departmental Promotion Committee and finding reached whether, the officer had not been suspended or his conduct had not come under investigation, he would have been recommended for selection. At the time of preparing the promotion list by selection, the Departmental Promotion Committee should also take a view as to what the officer's position in the list, would have been but for his suspension etc. The findings should be recorded separately and attached to the proceedings in a sealed envelop superscribed findings regarding merit and suitability for promotion list (name of promotion list) in respect of Shri (Name and rank of the officer) and not to be opened till after the termination of the departmental enquiry/criminal proceeding against (Name and rank of the officer)".

A departmental enquiry shall be deemed to have been initiated after the summary of allegations has been served.

[4][List A for selection of confirmed Constable for training in lower school course. "One Addl. Commissioner of Police and two DCP.s to be nominated by the C.P.

List B (i) (Executive) for Pso (confirmed constable Lower School Course Trained) to the rank of H.C.

Names shall be brought on this list in order of seniority as on list 'A' in terms of Rule 13 (1) after obtaining report of DE/PB/Criminal case etc. etc.. from concerned Distt./Unit etc. instead of holding any regular DPC.s.

(ii)   (Technical) for promotion of Constable professionally qualified in Technical Trades to the rank of A.C.

One Additional Commissioner of Police and two DCP. to be nominated by the C.P.

Rule 6. Promotion to be earned only in concerned cadres.

Unless otherwise provided in these or any other rules framed under the Delhi Police Act, 1978, each member of subordinate rank shall earn promotion in his/her cadre in accordance with the Rules applicable to the cadre.

Rule 7. Promotion of enrolled Police personnel.

(i)       List A.B.C. D-I, D-II, EI, E-II and F shall be maintained for selection, for regulating promotional courses, where applicable and promotion to various subordinate ranks. Each list shall be the nominal roll of police personnel considered suitable for further advancement in the concerned ranks, as provided in this rule, and shall be maintained separately for (1) Executive (2) Technical and. (3) Ministerial Cadres.

[5][(ii) The conduct and efficiency of men on promotion list shall be, at all times, watched with special care. Any officer whose name exists on the promotion list, if found guilty of a misconduct of nature reflecting upon his character or fitness for responsibility or who shows either 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 Commissioner of Police, Head Quarters (1), Delhi in respect of persons on lists 'A' to 'E' and to Additional Commissioner of Police (Administration) Delhi in respect of officers on list 'F'. However, final decision regarding removal of name(s) from a promotion list shall be taken by the Appointing Authority only after giving show cause notice to the individual".

Rule 8. Constitution of departmental promotion committee.

Fitness of personnel for promotion to various ranks in different grades/cadres shall be judged by departmental promotion committees, which shall be constituted by the Commissioner of Police as under:

[6]["List-A for selection of confirmed Constables for training in Lower School Course One Addl. Commissioner of Police and two Deputy Commissioners of Police to be nominated by the Commissioner of Police.

List-B (i) (Executive) for confirmed Constables (Lower School Course Trained) to the ranks of Head Constable.

Names shall be brought on this list in order of seniority as on list 'A' in terms of rule 13(i) after obtaining report of D.E./P.E. criminal case, etc., etc. from concerned Distts./ Units etc. instead of holding any regular D.P.C.

List-B (ii) (Technical). for promotion of Constables professionally qualified in technical trades to the rank of Head Constables.

One Addl. Commissioner of Police and two Deputy Commissioners of Police to be nominated by the Commissioner of Police.]

List C

For promotion of confirmed Constables (Overage and unqualified) to the rank of Head Constable.

-Do-

List D

For promotion of confirmed Head Constables to the rank of Sub-Inspector. One Addl. C.P. & two DCP.s to be nominated by Commissioner of Police List E

For promotion of confirmed Asstt. Sub-Inspectors to the rank of Sub-Inspector. -Do-List F

For promotion of confirmed Sub-Inspectors to the rank of Inspector. C.P. & two Add l. C.P.s to be nominated by C.P.

Rule 9. Centralized processing and issue of orders.

Promotion of all categories in various ranks shall be done centrally by Police Headquarters. After names have been approved by the concerned Departmental Promotion Committee, orders for promotion, when required shall be issued by the Deputy Commissioner of Police Headquarters (I) in respect of Sub-Inspectors, Assistant Sub-Inspectors, Head Constables and constables, and for Inspectors by Additional Commissioner of Police (Admn.) as the appointing authorities.

Rule 10. Reservations.

Reservations in promotions shall be made for Scheduled Castes/Scheduled Tribes and other categories in accordance with the rules/orders issued by Government of India from time to time.

Rule 11. When promotion to be made.

Save as provided in the Delhi Police Promotion and Confirmation Rules, 1980, framed under the Delhi Police Act, 1978, all vacancies excepting those to be filled by direct recruitment, shall be filled by promotion/deputation in the manner prescribed in these rules.][7]

Rule 12. Promotion List 'A'.

(1)     (a) Promotion list 'A' (Executive) shall be a list of confirmed constables (Executive) considered fit for being sent to lower School Course. Confirmed Constables having a minimum of 5 years service shall be eligible for consideration. The list shall be framed on the recommendations of the departmental promotion committee which shall adopt the evaluation system based on (1) Service record (2) Seniority (3) Annual Confidential Reports (4) Acquittance in Professional test which shall cover the following subjects :

(i)       Physical Training and Parade,

(ii)      Elementary law and Police practical work,

(iii)     General Knowledge,

(iv)    Professional work done.

A constable up to 40 years of age shall be eligible to take tests and only ten chances will be allowed. The names of selected constables shall be brought on list 'A' in order of their seniority keeping in view the number of vacancies in the rank of Head Constables likely to be available in the following one year.

The selected constables will be sent for lower School Course subject to their medical fitness by the Civil Surgeon.

[8][(b) Constables with a minimum of 2 years of service shall be eligible to undergo Drill Instructors Course. On satisfactory completion of the course with 1st Class proficiency certificate, their names shall be brought on promotion list 'A' and sent for training in the next Lower School Course along with others, irrespective of their seniority. It is subject to the medical fitness by the Civil Surgeon.]

Rule 13. List 'B'.

(i)       List 'B' (executive) shall comprise names and particulars of the constables, who have qualified in the lower school course. The names shall be brought on list 'B' in order of seniority as on List 'A'. Promotions to the rank of Head Constables shall be made as and when vacancies occur in the rank of Head Constables. 80 percent of vacancies in the rank of Head Constables (Executives) shall be filled out of this list.

[9][List 'B' technical confirmed constables from specialized and technical cadres including the Bands-men, buglers, mounted constables, drivers, armorers, wireless operators, dog handlers etc., who have put in a minimum 5 years' service as constable shall be eligible for consideration provided they fulfil various requirements as prescribed in the rules for the higher post in their respective cadres. Selection shall be made on the recommendation of D.P.C. Constables so selected shall be brought on list 'B' technical in order of their seniority in the rank of constable in their respective categories. The number of persons included in the list shall be restricted to the existing vacancies and those likely to occur during the course of one year from the date of preparation of list in the respective trade in the rank of Head Constable.]

Rule 13A. Selection Grade.

Promotion to Selection Grade of constables shall be made from amongst time-scale constables/officiating Head Constables, with not less than 14 years of service, separately against the eligible posts in Grade 'A' and Grade 'B' of the scale of constables to the extent of percentage approved by the Government. The selection shall be made on the basis of seniority and suitability by the Departmental Promotion Committee, to be constituted by the Commissioner of Police, Delhi as prescribed for promotion list 'A'. The names of such selected Constables/Officiating Head Constables shall be brought on this list, in order of their seniority.][10]

Rule 14. List 'C'.

(Executives) shall be a list of unqualified Constables who for reasons of their good service record, long service and good health, are considered suitable, for promotion to the rank of Head Constable. Constables, who are unable to pass list 'A' test and lower School Course upto 40 years of age, if otherwise found suitable, shall be admitted to this list by the Departmental Promotion Committee. The Departmental Promotion Committee shall select Constables for this list on the basis of seniority- cum-suitability, based on Service Record. The ratio of promotion of unqualified/overage men on list 'C' (Executive) vis-a-vis qualified (Lower School Course) constables shall be 1:2. To achieve this, every 3rd vacancy occurring in the rank of Head Constable shall be filled up from list 'C'. However, in case of there being no name on list 'C', all vacancies of Head Constables shall be filled up from list 'B'[[11]].

Rule 15. List 'D'.

List 'D' shall be a list of confirmed Head Constables considered suitable for promotion to the rank of Assistant Sub-Inspector.

[12](i) List-D (Executive)

Confirmed Head Constables, who have put in a minimum of 5 years service in the rank, shall be eligible. The selection shall be made on the recommendations of the Departmental Promotion Committee.

The Head Constable, so selected, shall be brought on list D-I, keeping in view the number of vacancies likely to occur in the rank of Assistant Sub-Inspector in the following one year, in order of their respective seniority in the rank of Head Constable subject to the medical fitness by the Civil Surgeon. They shall be detailed for training in the Intermediate School Course. Those, who successfully qualify the Intermediate School course, shall be brought on List D-II, as per their respective seniority on the List D-I. Promotions shall be ordered from amongst the Head Constable on List D-II as and when vacancies occur.

(ii)   List D (Technical)

Confirmed Head Constables (Specialized/Technical), who have put in a minimum of 5 years' service as Head Constable, shall be eligible. The selection shall be made on the basis of the recommendations of the Departmental Promotion Committee. The Head Constables so selected, shall be brought on List-D (Technical) in order of their respective seniority, keeping in view the number of vacancies in the rank of Assistant Sub-Inspector (Specialized/Technical) in their respective trades likely to occur in the following one year and promoted to the rank of Assistant Sub-Inspector as and when vacancies occur.

(iii)   List-D (Ministerial)

Confirmed Head Constables (Ministerial), who have put in a minimum of 5 years' service in the rank of Head Constable shall be eligible. The selection shall be made on the recommendations of the Departmental Promotion Committee. The Head Constable, so selected, shall be brought on List-D (Ministerial) in order of their respective seniority, keeping in view the number of vacancies likely to occur in the rank of Assistant Sub-Inspector (Ministerial) in the following one year and promoted to the rank of Assistant Sub-Inspector as and when vacancies occur.

Rule 16. List 'E'.

(i)       List-E (Executive)

Confirmed Assistant Sub-Inspectors (Executive), who have in a minimum of 6 years of service in the rank of Assistant Sub-Inspector (Executive), shall be eligible for List-E-I (Executive). The selection shall be made on the recommendations of the Departmental Promotion Committee. The Assistant Sub-Inspector so selected, shall be brought on List E-I in order of their respective seniority, keeping in view the vacancies in the rank Sub-Inspector (Executive) likely to occur in the following one year. Subject to the medical fitness by the Civil Surgeon, the selected Assistant Sub-Inspectors (Executive) shall be sent for training in the Upper School Course. On successfully completing the Upper School Course, their names shall be brought on promotion List E-II (Executive) in order of their respective seniority in List-E-I for promotion to the rank of Sub-Inspector (Executive) as and when vacancies occur.

(ii)      List-E (Technical)

Confirmed Assistant Sub-Inspectors (specialized/Technical), who have put in a minimum of 6 years service in their respective trades, shall be eligible. For Sub-Inspector (Armourer), Confirmed Head Constable (Armorer) with a minimum of 12 years service will also be eligible. The selection shall be made on the basis of recommendations of the Departmental Promotion Committee. The names of selected Assistant Sub-Inspectors (Specialised/ Technical) shall be brought on List-E (Technical) in order of their respective seniority, keeping in view the number of vacancies likely to occur in the rank of Sub-Inspector, in the following one year, and they shall be promoted to the rank of Sub-Inspector, in their respective cadres as and when vacancies occur in the cadre.

(iii)     List-E (Ministerial)

Confirmed Assistant Sub-Inspectors (Ministerial) and Stenographers, who put in a minimum of 6 years service in this rank, shall be eligible. The selection shall be made on the recommendations of the Departmental Promotion Committee. The names of selected candidates shall be brought on List-E (Ministerial) in order to their respective seniority keeping in view the number of vacancies likely to occur in the rank of Sub-Inspector (Ministerial) in the following one year, and they shall be promoted to the rank of Sub-Inspector (Ministerial) as and when vacancies occur. Stenographers, thus promoted shall cease to have their lien as Stenographers on confirmation in the rank of Sub-Inspector (Ministerial).

Rule 17. List 'F'.

(i)       List-F (Executive)

Confirmed Sub-Inspectors (Executive), who have put in a minimum of 6 years service in the rank of Sub-Inspector, shall be eligible. The selection shall be made on the recommendations of the Departmental Promotion Committee. The names of selected Sub-Inspectors shall be admitted to List-F (Executive) on the basis of their respective seniority, keeping in view the number of vacancies likely to occur in the following one year, and promotion made to the rank of Inspector from this list as and when vacancies become available.

(ii)      List-F (Technical)

Confirmed Sub-Inspectors (Specialised/Technical), who have put in a minimum of 6 years service in the rank of Sub-Inspector in their respective cadres, shall be eligible. The selection shall be made on the basis of the recommendations of the Departmental Promotion Committee. The names of selected Sub-Inspectors shall be brought on List-F (Specialised/ Technical) in order of their respective seniority, keeping in view the number of vacancies likely to fall vacant in the following one year, and they shall be promoted to the rank of Inspectors in their respective cadres as and when vacancies become available.

(iii)     List-F (Ministerial)

[13][Confirmed Sub-Inspectors (Min.) and Confirmed Shorthand Reporters (Sub-Inspectors) having 6 years' service in the rank of Sub-Inspr. (Min.) and Shorthand Reporter (Sub-Inspr.) respectively shall be eligible. The selection shall be made on the recommendations of the Departmental Promotion Committee. The names of the Sub-Insprs. (Min.) and Shorthand Reporters (Sub-Insprs.) so selected shall be brought on list 'F' (Min.) in order of their respective seniority, keeping in view the number of vacancies likely to occur in the following one year, and promotions made to the rank of Inspr. (Min.) from this list as and when vacancies become available.]

Rule 18. Confirmation.

(i)       Confirmation shall be made only once in the service of an official which shall be in the entry grade. Confirmation is delinked from the availability of permanent vacancy in the grade. In other words, an officer who has successfully completed the period of probation may be considered for confirmation.

(ii)      As at present, the appointee should satisfactorily complete the period of probation and the case will be placed before the D.P.C. A specific order of Confirmation shall be issued when the case is cleared from all angles.

(iii)     If the Recruitment Rules do not prescribe any probation, an officer promoted on regular basis (after following the prescribed D.P.C. etc., procedure) shall have all the benefits that a person confirmed in that grade would have. Where probation is prescribed the Competent Authority shall, on completion of the prescribed period of the probation, assess the work and conduct of the officer himself and in case the conclusion is that the officer is fit to hold the higher grade, he will pass an order declaring that the person concerned has successfully completed the period of probation. If the Competent Authority considers that the work of the officer has not been satisfactory or needs to be watched for some more time, he may revert him to the post or grade from which he was promoted, or extend the period of probation, as the case may be.][14]

(iv)    No members of subordinate rank, who are under suspension or facing departmental/criminal proceeding shall be eligible for confirmation. Their cases shall be decided by "Competent Authority" concerned after such proceedings are over. A departmental enquiry shall be deemed to have been initiated after summary of allegations has been served.

Rule 19. Ad-hoc promotions.

(i)       In special circumstances, when there are no approved names on promotion lists, and vacancies exist, the Commissioner of Police, may promote suitable officers in order of seniority to the next higher rank temporarily. Such promotions shall not entitle the officers concerned to claim any right for regular appointment or seniority or for appointment to such or any other equivalent post and shall be liable to reversion without notice as soon as qualified men become available.

(ii)      To encourage outstanding sportsmen, marksmen, officers who have shown exceptional gallantry and devotion to duty, the Commissioner of Police may, with prior approval of Administrator, promote such officers to the next higher rank provided vacancies exist. Such promotions shall exceed 5 per cent of the vacancies likely to fall vacant in the given year not in the rank. Such promotions shall be treated as ad-hoc and will be regularised when the persons so promoted have successfully completed the training course prescribed like (Lower School Course), if any. For purposes of seniority. such promotees shall be placed at the bottom of the promotion list drawn up for that year.

[15][(iii) The Commissioner of Police, Delhi for the purpose of posting to the Police Training. School and the Recruits Training Centre (DAP IVth Bn. at present) personnel of appropriate merit and talent may grant one rank promotion as an incentive purely on emergent basis up to the level of Inspector without conferring on the promotee, any right of seniority and appointment whatsoever even if he may. be borne on promotion list.]

Such promotees shall revert to their substantive rank as soon as they are transferred out of training institutions and ceased to be an Inspector.

Rule 20. Promotion of Lady Police.

The rules laid down for the admission of names to promotion lists and confirmations as for male police shall apply mutatis mutandis to the women police but tests and interviews for them shall be held by departmental promotion committees for purpose of selection separately.

[16][......However, if there is no woman constable on promotion list 'B', all the vacancies in the rank of woman Head Constables shall be filled by these on promotion list 'C'.]

Rule 21. Miscellaneous.

Standing Orders laying down details of the evaluation system for holding various departmental tests and the procedure to be followed by departmental promotion committees for interview etc., shall be issued by the Commissioner of Police.

Rule 22. Repeal and Savings.

All provisions contained in the Punjab Police Rules as are applicable to the Union Territory of Delhi relating to promotion and confirmation of employees are hereby repealed subject to the-provisions contained in the proviso to subsection (1) and (2) of Section 149 of the Delhi Police Act. 1978.

Rule 23. Power of relax.

When the Administrator 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 these rules with respect to any class, category of persons or posts or in any individual case.][17]