In
exercise of the powers conferred by sub-section (1) and (2) of section 147 of
the Delhi Police Act, 1978 (34 of 1978), the Lieutenant Governor of the
National Capital Territory of Delhi is pleased to make the following rules
further to amend the Delhi Police (Punishment and Appeal) Rules, 1980, namely: (I)
These rules may be called the Delhi Police (Punishment and Appeal)
(Amendment) Rules, 2020. (II)
They shall come into force on the date of their publication in the
Delhi Gazette. Amendment of Rule 6 In Delhi
Police (Punishment and Appeal) Rules, 1980, (hereinafter referred to as the
said rules), in Rule 6, (a)
for sub-rule (i) the following shall be substituted, namely:- "Punishments mentioned at
Serial Nos. (i) to (v) in rule 5 shall be deemed, major punishment' and may be
awarded by an officer not below the rank of the appointing authority or above
after a regular departmental enquiry." (b)
for sub-rule (ii) the following shall be substituted, namely: "Punishments mentioned at
serial No. (vi) to (viii) in rule 5 shall be called "minor punishment'.
Punishment mentioned at S. No. (i) to (vii) of rule 5 may be awarded by the
authorities specified in sub-section (1) of Section 21 of the Delhi Police Act,
1978 and punishment mentioned at S. No. (viii) of rule 5 may be awarded by the
authorities specified in subsection (2) of Section 21 of the Delhi Police Act,
1978 after serving a show cause notice giving reasonable time to the defaulter
and considering his written reply as well as oral deposition, if any for which
opportunity shall be afforded on request. (a)
In the said rules, in rule 8, in clause (c), after sub-clause (2)
the following shall be inserted namely: "(3)
Withholding of increment: - The withholding of increment
shall not be awarded unless the officer concerned has been given an opportunity
to explain his conduct in the manner prescribed in Rule 6(ii) above, provided
wherein it is proposed after considering the representation, if any, made by
the officer to withhold increments of pay and such withholding of increments is
likely to affect adversely the amount of pension payable to the Government
servant or to withhold increments of pay for a period exceeding three years or
to withhold increments of pay with cumulative effect for any period, an enquiry
shall be held in accordance with Rule 16 of Delhi Police (Punishment and
Appeal) Rules, 1980, before making any order imposing on the officer any such
penalty." (b)
In the said rules, in rule 8, for sub-rule (e) the following shall
be substituted namely:- "(e)
Fine not exceeding one month's Pay:- When any Police Officer of a subordinate
rank has been found negligent in the discharge of his duties resulting in
pecuniary loss to the Government, the punishment of the fine not exceeding one
month's pay may be imposed on him, in the manner prescribed in Rule 6(ii)
above." (a)
In the said rules, for sub-rule (2) of Rule 14 , the following
shall be substituted, namely:- "(2)
Punishment- The punishment of censure, Withholding of increment and Fine not
exceeding one month's Pay shall be awarded by the authorities competent in the
manner specified in Rule 6(ii) above." (b)
In the said rules, for sub-rule (3) of Rule 14, the following
shall be substituted, namely:- "Punishments mentioned at
Serial Nos. (i) to (v) in rule 5 supra shall be awarded by appointing
authorities only after a regular departmental enquiry. All Dy. Commissioners of
Police, Addl. Commissioners of Police shall exercise this authority over all
officers of subordinate ranks irrespective of the fact whether such an officer
had actually appointed the concerned subordinate police officers and whether or
not he actually working under him. The procedure for holding departmental
enquiries is explained in rule 16 below." Amendment of Rule 16 In the said
Rule 16 (which was earlier amended vide notification dated 18.11.2010), for
sub-rule xii (d), the following shall be substituted as under:- "(d)
If the disciplinary authority, having regard to its finding on all or any of
the charges and on the basis of the evidence adduced during the enquiry, is of
the opinion that any of the penalties specified in rule 5 (i) to (v) should be
imposed on the Police Officer, it shall make an order imposing such penalty and
it shall not be necessary to give the Police Officer any opportunity of making
representations on the penalty proposed to be imposed."DELHI POLICE (PUNISHMENT AND APPEAL)
(AMENDMENT) RULES, 2020
PREAMBLE