8/3/2019 St29 Conduct of Departmental Enquiries (1)

http://slidepdf.com/reader/full/st29-conduct-of-departmental-enquiries-1 1/6

OFFICE OF THE

INSPECTOR GENERAL OF POLICE

PONDIQ-JERRY.

Dated: 27.12.90

„TA°:.iING ORDER No: 29 90

Sub; Conduct of Departmental Enquiries.

Non Gazetted Police Officers of Pondicherry Police

are governed by, the PondicherryPolice Subordinate Services

(Discipline and Appeal) Rules 1968.` While departmental

enquiries against HCs and Constables are conducted by

Inspectors, those against ASIS, SIs and Inspectors are

conducted by the Supdts. of Police.

Conducting departmental enquiries which is a quasi-

judicial proceeding is an important aspect of an officer's

duty, Since it involves possible punishment to the official

proceeded against, it is necessary that all the normal rules

and regulations are followed and the principle of natural

Justice is always kept in mind. The following guidelines

would help the enquiry officers in the conduct of

departmental enquiries.

11 A Departmental Enquiry file, should consist of the

following:

a) Index to the file.

b) The enquiry officer will maintain a daily order sheet

to record in brief the proceedings conducted on each day

of hearing. Requests and representations made by either

party should also be recorded and disposed off in the;-

sheet. In particular the following points should fi"d

mention in the order sheet.

i) The additional documents and witnesses asked for by

the charged officer in his defence.

ii) The additional documents and defence witnesses

permitted.

iii) Reasons for disallowing the remaining documents and

witnesses. -

8/3/2019 St29 Conduct of Departmental Enquiries (1)

http://slidepdf.com/reader/full/st29-conduct-of-departmental-enquiries-1 2/6

/2/

iv; !hether the additional documents permitted as

relevant were made available for inspection and

inspected by the charged officer.

v) if the authority having custody of any such document

does not consent to its production , the fact of such

refused.

vi) The daily order sheet shall be in the following

oroforma.

i) Data.

i) Notes or orders of the proceeding.

iii) Signature of the Enquiry officer.

iv) Signature of the delinquent.

c) Memorandum of charges with enclosures.

d) Statement of delinquent admitting or denying the charge.

e). List of exhibits on the procecution side.

f) List of exhibits on the Defence side.

g) List of Prosecution witnesses.

h) List of defence witnesses.

i) A folder containing deposition. of witnesses in the

order in which they were examined,

j) ?-A folder containing daily order sheet.

k) A folder containing. written statement of defence.

1) written briefs, if any.

m) Application, if any filed during the course of inquiry

and orders passed thereon as also orders passed on oral

requests made during the inquiry;

n) Statement of the defaulter.

o) Findings.

2. Record of preliminary enquiry, if any, should be

kept in a separate file and not along with the departmental

enquiry file.

3. All documents relied upon by the prosecution and

the defence should be suitably marked as Exhibits and kept

in the main file.

4. While it is necessary that the d delinquents are

given adequate opportunity to present their case during the

prosecution and the defence, unnecessary delays should not be

encouraged. If a delinquent tries to delay an-enquiry, he

should be warned in writing not to do so. If he absents

on a number of occasions purposely, after affording him adequate

opportunity by calling him, a letter should go by registered

post to his declared housa address to attend the enquiry. If the

8/3/2019 St29 Conduct of Departmental Enquiries (1)

http://slidepdf.com/reader/full/st29-conduct-of-departmental-enquiries-1 3/6

/3/

same is not acknowledged , a Copy of the order calling him

to. attend the departmental enquiry should be pasted outside

his house and the statements of respectables of the area

recorder of having :one so. Thereafter , the enquiry EhoLid

b o : i duct >d e„p^ar . t 2 .

in his

;ch a cases

no

dalir c

ings i-,3

the same again

justification to the

not participating in

i anrticioato in the

q i i j . r . ,

.5 not necessary to re do

the delinquent is able to give

satisfaction of the Enquiry officer for

the enquiry earlier.

Similarly, in case the delinquent delays production

of DWs, written statement, etc, procedure mentioned above

should be followed and the findings written.. Reasons for

conducting the enquiry exparte. in such cases should be

explained in the findings.

5. All the.PWs mentioned in the memorandum of charges

should be.normally examined. However, in case a PW is not

available or is not likely to be available in the near future

he could be dispensed with. In such cases,. reasons for the

same should be clearly mentioned in the findings. The same

i_,roceduro should be followed in case a DW is dispensed with.

The statement of doctors and other government

officials wherever cited as witnesses should be recorded.

7. 7fhile writing the finding, the following points

should be kept in mind.

a) In the beginning, the charges against the official should

be discussed very briefly. The denial or admission of

the charges by the delinquent should be discussed next.

in case of admission, there is no need to go further with

the enquiry and the Enquiry officer could write the

findings. In case of denial of charges, the Enquiry

Officer should proceed with the examination of prose-

eqution witnesses,

b) The next step would be a brief discussion of the

deposition of'every PWinclud4tig.the documents produced

by them.

the details of what has transpired

depcsitioii:a, Si ou ld be furnishd

h: Cc: r of uir_y the

8/3/2019 St29 Conduct of Departmental Enquiries (1)

http://slidepdf.com/reader/full/st29-conduct-of-departmental-enquiries-1 4/6

/n/

c) Then the ieuositlon of the defence witnesses should be

written in brief alongwith details of documents

>roduccd by them.

d Then thes1.ir:nt featuresof thestatement of deinquent

e) ThepntsLu ght out during the prosecution andthe

f)

defence: h;lc thereafter bedscuscsedandevidence

we igh;_ d.

Thin TJ bi bythefindngof theofficer wth

reasons ort Jn- tothat findngafteranalysing the

evil& &nce on record.

g) The ,Enquiry officer is not supposed to make any recommen-

dation for a lenient punishment etc, in the finding..

8. It is better to number the paragraphs for easy

reading. Full name, father's. name and complete address of

private individuals who are examined as PWs or DWs should be

given. The signature of the delinquent should be obtained

for copies of documents, statements etc. given to him.

9. The depositions will generaly be. recorded as

narrations, but on certain points it may be necessary to

record the questions and the answers verbatim. As evidence of

each witness is completed, the Enquiry officer will read the

deposition as typed or written, to the witness in the

presence of the delinquent. verbal mistakes or mistakes committed

in typing in the deposition, if any, will be corrected in their

presence. However, if the witness denies the correctness of

any'part,of the'recbrd,.the L.Q. may, instead of correcting

the evidence, record the obection of the witness. The deposit-

ions of the witnesses are to be countersigned in every page

by the witnesses concerned, the delinquent officer, and the

Enquiry officer so that the validity of the proceedings are

not questioned by anyone at a later date. The Enquiry officer

will record,and sign the following certificate at the end of

the dcnosition of each witness:-

"lead over to the witness in the presence of the

.....................(Q-olinquent's name) and admitted as

correct/objoction of witness recorded".

If any witness refuses to sign the deposition, the Enquiry

officer will record the fact and append his signature.

if a witness deposes in a language other than English, but the

deposition is rocorded in English, a translation in the

language in which the witnesses deposed should be read to him

8/3/2019 St29 Conduct of Departmental Enquiries (1)

http://slidepdf.com/reader/full/st29-conduct-of-departmental-enquiries-1 5/6

/5/

by the •nquiry Officer who will record a certificate that

the deposition was translated and explained to the witness in

the language in which it was deposed.

10. There is no need to write lengthy findings.

x;rt.nt aspects only need be touched.

J.i. The chief Office shall maintain a register

.u•_D._,ratoly for the DEs ordered by the IGP , SSP(L&O) and

&I) in the following proforma in order to monitor the

ug-,yss of DEs;

1. Ratak, Number and

°

No. and date of Brief mentionro. Name Of

the Memorandum of of contents ofdelinquent charges charge

(1) (2) (3) (4)- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - -Date of Date of Name of the

suspension reinstate- E.O. and the

ment Cate DE entru-

sted to him

(5) (6)

Order with

date regarding

payment of subs.

allowance and

increase from

time to time

(7)- - - - - - - - - - - - - - - - - - - - - - - - (8 )

Date of receopt of Data of issue Date of receipt

DE after completion of SCN for of. reply to the

of finding punishment SCN

(9) (10) (11)

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

_ _ _ _ _ _ _ _

- - - _rder No, and date and briefof order passed by Disc. Authority

(12)

Remarks

(13)

- - - - - - 1 -- - - - - - - - - - - - - - - - - - - - - - -

This information should be updated before the monthly

crime review meeting.

12. The Office shall maintain a separate register for

police personnel under suspension following their involvement

in criminal cases in the following proforma:

- - - - - - - - - - - - -S1.No. Rank, No. and name Order No. & Reason for

of the police official date of . suspension

(1 )suspension

(2) (3) (4)

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -°

. .

f

8/3/2019 St29 Conduct of Departmental Enquiries (1)

http://slidepdf.com/reader/full/st29-conduct-of-departmental-enquiries-1 6/6

/6/

ncunt:_` subs. allowance p p Final decieion.

paid fr,; ti to time about the

with date suspension( ) (o)

Remarks

(7 )

13. The office shall. maintain a file for each police

offical %-a1CS wh_mcrimnal charges arcpeding They

would g et i e m i- i 'n re:7a'rding ,::'G ss f investigation/trial

on the l o;t an ( .1_t of 'Very month :i 1"Om t h e m e co racer t - 9 , 4 0 and

nut up the _ e e he concern, a P/IGP. This info ination

shall also b i i ) .-'url "!, the .ia.tl.`•._ -crime review meetings.

The progress of irv,rr tigation/trial should be obtained in

detail mentioning the correct position of investigation/trial.

Delay, if any, in the sulriission of reports' -by the SHOS should

be brought to the notice of concerned SSP/IGP immediately.

14. All papers regarding a DE like memorandum of charges,

SCNs , final orders etc. shallbe served personally by the SPs

and would not be sent to subordinate officers.

15. A copy of the Pondicherry Police Subordinate

Services (D&A) Rules , 1968 is enclosed herewith . All officers

should go through the same carefully and understand its

provision's for application while conducting IEs.

(S.RAMAIQtISHNAN)

INSPECTOR GENERAL OF POLICE

PONDICHERRY.

ToS.S.P(L&O)/S.S.P(C&I) - All are requested to bring the

ALL SPs/ALL INSPECTORS contents to all. subordinates and

keep the S.O. in the S.O. file.

Copy to: SP(HQ)/Secy. to IGP/SAO/JAO/

QSE/OSA/OSD/A4 Unit./Reader to

SSP(L&q)/(C&I)/All SHOS/

OPs Incharge.