Police Rules 1975
Police Rules 1975
Contents
1. Short title, commencement and application
2. Definitions
3. Grounds of punishment
4. Punishments
4.A -
5. Punishment proceeding
6. ngs
7. Procedure of Departmental Inquiry
8. Powers of Inquiry Officer
9. Rules 5 and 6 not to apply in certain cases
10. Procedure of Inquiry against Officers lent to other Government or authority
11. -
12. Appeal
12 Revision (11-A)
13 -
14 Repeal
No. SOS-III(S&GAD) 1-80/73-K ---.In exercise of the powers conferred under section 7 of
Police Act 1861, the Government of Khyber Pakhtunkhwa, is pleased to make the following Rules,
namely:-
2. Definitions:-
In these rules, unless the context otherwise requires:-
(i) 'Accused' means a Police Officer against whom action is taken under these rules;
(ii) 'Authority' means authority competent to award punishment as per Schedule
(iii) 'Misconduct' means conduct prejudicial to good order of discipline in the Police Force, or
contrary to Government Servants (Conduct) Rules or unbecoming of a Police Officer and
a gentleman, any commission or omission which violates any of the provisions of law and
rules regulating the function and duty of Police Officer to bring or attempt to bring
political or other outside influence directly or indirectly to bear on the Government or any
2
4. Punishments.-
1. The following are the minor and major punishments, namely:---
(a) Minor punishments-
(i) Confinement of Constables and Head Constables for 15 days to Quarter Guards;
(ii) Censure;
(iii) Forfeiture of approved service up to 2 years;
(iv) With holding of promotion up to one year;
(v) Stoppage of increment for a period not exceeding 3 years with or without
cumulative effect;
(iv) Fine up to Rs15000/- as per schedule-I.
(b) Major punishments-
(i) Reduction in rank/pay;
(ii) Compulsory retirement;
(iii) Removal from service; and
(iv) Dismissal from service.
2. (a) Removal from service does not but dismissal from service does, disqualify
for future employment.
(b) Reversion from an officiating rank is not a punishment.
Amended vide Notification No: 3859/Legal, dated 27/08/2014 issued by IGP, KPK
3
3. In this rule, removal or dismissal from service does not include the discharge of a
person.
(a) Appointed on probation, during the period of' probation, or in accordance with the
probation or training rules applicable to him; or
(b) Appointed, otherwise than under a contract, to hold a temporary appointment on the
expiration of the period of appointment; or
(c) Engaged under a contract, in accordance with the terms of the contract.
4-A.
In case a Police Officer is accused of subversion, corruption or misconduct the Competent
Authority may require him to proceed on leave or suspend him.
5. Punishment proceedings.-
The punishment proceedings will be of two kinds. i.e. (a) Summary Police Proceedings and
(b) General Police Proceedings and the following procedure shall be observed when a
Police Officer is proceeded against under these rules:---
(1) When information of misconduct or any act of omission or commission on the part
of a Police Officer liable for punishment provided in these rules is received' by the authority,
the authority, shall examine the information and may conduct or cause to be conducted quick
brief inquiry if necessary, for proper evaluation of the information and shall decide whether the
misconduct or the act of omission or commission referred to above should be dealt with in a
Police Summary Proceedings in the Orderly Room or General Police Proceedings.
(2) In case the authority decides that the misconduct is to be dealt with in Police
Summary Proceedings, he shall proceed as under-
(i) The accused officer liable to be dealt with in the Police Summary Proceedings
shall be brought before the authority in an Orderly room.
(ii) He shall be apprised by the authority orally the nature of the alleged misconduct,
etc. The substance of his explanation for the same shall be recorded and if the
same is found unsatisfactory, he will be awarded one of the minor punishments
mentioned in these rules.
(iii) The authority conducting the Police Summary Proceedings may, if deemed
necessary, adjourn them for a maximum period of 7 days to procure additional
information.
(3) If the authority decides that the misconduct or act of omission or commission
referred to above should be dealt with in General Police Proceedings he shall proceed as under-
a) The authority shall determine if in the light of facts of the case or in the interests of
justice, a departmental inquiry, through an Inquiry Officer if necessary. If he decides
that is not necessary; he shall-
b) By order in writing inform the accused of the action proposed to be taken in regard
to him and the grounds of the action: and
c) Give him a reasonable opportunity of showing cause against that action: Provided
4
that no such opportunity shall be given where the authority is satisfied that in the
interest of security of Pakistan or any part thereof it is not expedient to give such
opportunity.
(4) If the authority decides that it is necessary to have departmental inquiry conducted,
through an Inquiry Officer, he shall appoint for this purpose an Inquiry Officer, who is senior in
rank to the accused.
(5) On receipt of the findings of the Inquiry Officer or where no such officer is
appointed, on receipt of the explanation of the accused, if any, the authority shall determine
whether the charge has been proved or not. In case the charge is proved the authority shall award
one or more of major or minor punishments as deemed necessary.
ii. The Inquiry Officer shall inquire into the charge and may examine such oral or
documentary evidence in support of the charge or in defence of the accused as may be
considered necessary and the witnesses against him.
iii. The Inquiry Officer shall hear the case from day to day and no adjournment shall be given
except for reasons to be recorded in writing and where any adjournment is given,
a. It shall not be more than a week; and
b. The reasons therefore shall be reported forthwith to the authority.
iv. Where the Inquiry Officer is satisfied that the accused is hampering, or attempting to
hamper the progress of the inquiry he shall administer a warning and if thereafter he is
satisfied that the accused is acting in disregard of the warning, he shall record a finding to
that effect and proceed to complete the departmental inquiry ex parte.
v. The Inquiry Officer shall within 10 days of the conclusion of the proceedings or such
longer period as may be allowed by the authority, submit his findings and grounds thereof
to the authority.
7. Powers of Inquiry Officer:-
1) For the purpose of departmental inquiry under these rules, the Inquiry Officer shall have the
powers of a Civil Court trying a suit under Code of Civil Procedure, 1908 (Act V of 1908)
in respect of the following matters, namely:---
(a) Summoning and enforcing the attendance of any person and examining him on oath;
5
2) The proceedings under these rules shall be deemed to be judicial proceedings within the
meaning of sections 193 and 228 of the Pakistan Penal Code (Act XLV of 1860).
(a) where the accused is dismissed or removed from service or reduced in rank, on the
ground of conduct which has led to a sentence of imprisonment; or
(b) where the authority competent to dismiss or remove a person from service, or to reduce a
person in rank, is satisfied that for reasons to be recorded in writing by that authority, it
is not reasonably practicable to give the accused an opportunity of showing cause.
i. Where the services of Police Officer to whom these rules apply are lent to any other
Government or to a local or other authority, in this rule referred to as the borrowing
authority, the borrowing authority shall have the powers of the authority for the purpose
of placing him under suspension or requiring him to proceed on leave and of initiating
proceedings against him under these rules.
ii. Provided that the borrowing authority shall forthwith inform the authority which has lent
his services, hereinafter in this rule referred to as the lending authority, of the
circumstances leading to the order of his suspension or the commencement of the
proceedings, as the case may be.
iii. If in the light of the findings in the proceedings taken against the Police Officer in terms
of sub-rule (1) the borrowing authority is of opinion that any punishment should be
imposed on him, it shall transmit to the lending authority the record of the proceedings
and thereupon the lending authority shall take action as prescribed in these rules.
10. No party to any proceedings under the rules before the authority or Inquiry Officer shall be
represented by an Advocate.
11. Appeal.-
For rule 11, the following shall be substituted, namely:
“11. Appeal.---(1) An accused, who has been awarded any penalty under these rules
except the penalty of confinement of constable and head constable for fifteen days to
quarter guards, may, within thirty days from the date of communication of the order,
prefer an appeal to the Appellate Authority as provided in sub-rule (2).
(2) The appeal, against the orders of the officer, specified in Schedule-I,
who passes it shall lie to the Appellate Authority as may be specified in the table below:
6
Provided that where the order has been passed by the Provincial Police
Officer, the delinquent officer/official, may within a period of thirty days submit review
Petition directly to the Provincial Police Officer.
(3) There shall be only one appeal from the original order and the order
of the Appellate Authority, in appeal, shall be final.
(4) The Appellate Authority or Review Authority, as the case may be,
may call for the record of the case and comments on the points raised in the appeal or
review, as the case may be, from the concerned officer, and on consideration of the
appeal or the review petition, as the case may be, by an order in writing-
(a) uphold the order of penalty and reject the appeal or review petition; or
(b) set aside the orders and exonerate the accused; or
Amended vide Notification No: 3859/Legal, dated 27/08/2014 issued by IGP, KPK
7
13.
No order passed under these rules shall be subject to review by any Court/Tribunal.
14. Repeal.-
Any Disciplinary Rules applicable to Police Officers to whom these rules apply are hereby
repealed but the repeal thereof shall not affect any action taken or anything done or suffered
there under.
SCHEDULE-I
POWER OF PUNISHMENT TABLE
1. A-Major Punishments:
(i) Dismissal, removal from service,
compulsory retirement. Provincial Police Officer DPO/SSP DPO/SSP DPO/SSP/SP DPO/SSP/SP DPO/SSP/SP
2. B-Minor Punishments:
Withholding of promotion for one year or less. PPO/Addl: IGP/CCPO/RPO/DIG DPO/SSP/SP DPO/SSP/SP DPO/SSP/SP/ASP/DSP DPO/SSP/SP/ASP/DSP DPO/SSP/SP/ASP/DSP
3. (i) Provincial Police Officer
Fine up to rupees Fifteen thousand (15000/-) --- --- --- ---- ---
(ii) Fine up to rupees Ten thousand (10000/-) Addl: IGP/CCPO --- --- --- ---- ----
(iii) Fine up to rupees Ten thousand (10000/-) RPO/DIG --- --- --- ---- ----
(iv) Fine up to rupees Five thousand (5000/-) --- DPO/SSP/SP DPO/SSP/SP DPO/SSP/SP DPO/SSP/SP DPO/SSP/SP
--- --- --- ASP/DSP ASP/DSP ASP/DSP
(v) Fine up to rupees one thousand (1000/-)
4. Stoppage of increments for a period not exceeding PPO/Addl: IGP/CCPO/RPO/DIG DPO/SSP/SP DPO/SSP/SP DPO/SSP/SP/ASP/DSP DPO/SSP/SP/ASP/DSP DPO/SSP/SP/ASP/DSP
three (3) years with or without cumulative effect.
6. Forfeiture of approved service up to two (2) years PPO/Addl: IGP/CCPO/RPO/DIG DPO/SSP/SP DPO/SSP/SP DPO/SSP/SP/ASP/DSP DPO/SSP/SP/ASP/DSP DPO/SSP/SP/ASP/DSP