The Khyber Pakhtunkhwa Police Rules, 1975 and with amendments 2014.Rule making by Provincial Police Officer or Islamabad Capital City Police Officer. Police officer at any time liable to be called for duty.
The Khyber Pakhtunkhwa Police Rules, 1975
(With Amendments-2014)
Contents
4.A -
12 Revision (11-A)
13 -
14 Repeal
Khyber Pakhtunkhwa Police Rules, 1975
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:-
(1) These rules may be called the Police Rules, 1975;
(ii) They shall come into force at once and shall apply to all Police Officers of and below the rank of Deputy Superintendent of Police.
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
(iv) Government Officer in respect of any matter relating to the appointment, promotion, transfer, punishment, retirement or other conditions of service of a Police Officer.
(v) 'Punishment' means a punishment which may be imposed under these rules by authority as indicated in Schedule I.
Where a Police Officer, in the opinion of the authority
(i) He is or any of his dependents or any other person through him or on his behalf is, in possession (for which he cannot reasonably account) of pecuniary resources of property disproportionate to his known sources of income; or
(ii) He has assumed a style of living beyond his ostensible means
(iii) He has a persistent reputation of being corrupt
(d) Is engaged Or is reasonably suspected of being engaged in subversive activities, or is reasonably suspected of being associated with others engaged in subversive activities or is guilty of disclosure of official secrets to any unauthorized person, and his retention in service is, therefore, prejudicial to national security, the authority may impose on him one or more punishments.
(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;
(vi) (iv) Fine up to Rs.15000/- as per schedule-I.
(vii)
(b) Major punishments:
(i) Reduction in rank/pay;
(ii) Compulsory retirement;
(iii) Removal from service; and
(iv) Dismissal from service.
(ii)Reversion from an officiating rank is not a punishment.
Amended vide Notification No: 3859/Legal, dated 27/08/2014 issued by IGP, KP
(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.
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.
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-
(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.
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,
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;
(b) Requiring the discovery and production of documents;
(c) Receiving evidence on affidavits;
(d) Issuing commission for the examination of witnesses or documents.
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).
Nothing in rules 5 and 6 shall apply in a case-
(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.
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.
For rule 11, the following shall be substituted, namely:
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) 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:
S.No
Punishing Authorities
Appellate/Reviewing Authorities
1.
Provincial Police Officer
Provincial Police Officer (Review)
2.
Regional Police Officer/ Deputy Inspector General of Police/ Capital City Police Officer/ Additional Inspector General of Police.
Provincial Police Officer.
3.
District Police Officer/ Senior Superintendent of Police/ Superintendent of Police.
Regional Police Officer/Deputy Inspector General of Police/ Capital City Police Officer/ Additional Inspector General of Police.
4.
Assistant Superintendent of Police/ Deputy Superintendent of Police.
District Police Officer/ Senior Superintendent of Police/ Senior Superintendent of Police Operations.
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