Gujarat Policema 10989 Yuvaoni Bharti Karashe
Can a Police Officer against whom a complaint is filed for offences which are not serious and not committed in discharge of duty be suspended ? Under what circumstances a Police Officer can be suspended ? What should be the criteria for suspension during contemplated disciplinary action ? Are some of vital points requiring consideration in this Writ Petition.
2. Petitioner, a Sub-Inspector of Police has challenged the order of suspension by the District Superintendent of Police, Panchmahals at Godhra, contending, inter alia, that in the facts and circumstances of the case the suspension during the inquiry is not warranted nor such suspension order can be passed under the provisions of the Bombay Police (Punishment & Appeals) Rules, 1956, enacted under the provisions of Section 25 of the Bombay Police Act, 1951 and under the relevant provisions of the Gujarat Police Manual, 1975. It is also contended that the alleged act of misconduct is alleged to have been committed not in the discharge of duty but when the petitioner was on sick leave and that too not within the jurisdiction of the petitioner as the Sub-Inspector of Police.
(i) A Police Officer who is detained in custody whether on criminal charge or otherwise, for a period longer than forty eight hours shall be deemed to have been suspended by the appointing authority under this rule.
(ii) An order of suspension under Sub-rule (1) may be revoked at any time by the authority making the order or by any authority to which it is subordinate.
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2. Petitioner, a Sub-Inspector of Police has challenged the order of suspension by the District Superintendent of Police, Panchmahals at Godhra, contending, inter alia, that in the facts and circumstances of the case the suspension during the inquiry is not warranted nor such suspension order can be passed under the provisions of the Bombay Police (Punishment & Appeals) Rules, 1956, enacted under the provisions of Section 25 of the Bombay Police Act, 1951 and under the relevant provisions of the Gujarat Police Manual, 1975. It is also contended that the alleged act of misconduct is alleged to have been committed not in the discharge of duty but when the petitioner was on sick leave and that too not within the jurisdiction of the petitioner as the Sub-Inspector of Police.
(i) A Police Officer who is detained in custody whether on criminal charge or otherwise, for a period longer than forty eight hours shall be deemed to have been suspended by the appointing authority under this rule.
(ii) An order of suspension under Sub-rule (1) may be revoked at any time by the authority making the order or by any authority to which it is subordinate.
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