Appeals

508. Rules, regulating appeals by gazetted officers.-

For the rules regulating appeals by gazetted Police Officers see the rules made by the Secretary of State in Council under sub-section (2) of Section 96-B of the Government of India Act which apply to civil officers of all classes. The following rules based on the above regulate appeals by officers of subordinate police, service, i.e. Police Officers enrolled under Section 2 of the Police Act :

[I. Every police officer against whom an order withholding increments of pay or promotion is passed under Chapter XXX, or an order awarding any of the punishments enumerated in paras 478 (a) to 478 (bc) is passed is entitled to prefer an appeal against such order to the authority prescribed below :]

(a) to the Local Government if the order is an original order of the Inspector General of Police;

(b) to the Inspector General of Police if the order is an original of the Deputy Inspector General or an order of the Deputy Inspector General concurring with an original order of the Superintendent of Police or an Assistant or Deputy Superintendent of Police empowered by paragraph 479 (f) in a case in which the concurrence of the Deputy Inspector General is required by rule : provided that when the Deputy Inspector General of Police whose order is the subject-matter of appeal, is subsequently appointed Inspector General of Police, the appeal shall lie to and be decided by the Local Government;

(c) to the Deputy Inspector General if the order is an original order of the Superintendent of Police with which the concurrence of the Deputy Inspector General is not by rule required;

(d) to the Deputy Inspector General if the order is an original order of any of the officers enumerated in paragraph 479 (f) with which concurrence of Deputy Inspector General is not by rule required.

II. Every officer desiring to prefer an appeal shall do so separately.

III. Every appeal preferred under these rules shall contain all material statements and arguments relied on by the officer preferring the appeal shall contain no disrespectful or improper language and shall be complete in itself. Every appeal must be accompanied by a copy of the final order which is the subject of appeal. Petitions of appeal filed by Government servants and the copies of final orders against which appeals are filed are not chargeable with stamp duty. Copies of other documents, filed with the appeal must be stamped under Section 6 of Court Fees Act (see Article 9 of Schedule I) unless they have to be stamped under the Indian Stamp Act, Article 24, Schedule I (vide pages 104, 105, 186 and 187 of the Uttar Pradesh Stamp Manual), See also paragraph 517.

IV. Every appeal whether the appellant is still in the service of Government or not must be submitted through the Superintendent of Police of the district, or in the case of officers not employed on district work through the head of the office to which the appellant belongs or belonged. Appeals may not be submitted direct to any appellate authority.

V. Every appeal shall be preferred within three months after the date on which the officer preferring the appeal was informed of the order against which he appeals. Provided that the appellate authority may, at its discretion for good cause shown extend the period to six months. VI. The Inspector General of Police may withhold an appeal to the Government-

(1) which is an appeal in a case in which under these rules no appeal lies;

(2) which does not comply with the provisions of Rule VI;

(3) which is a further appeal presented after a decision has been given by the appellate authority prescribed in these rules and no new facts or circumstances are adduced which afford grounds for a reconsideration of the case.

The Superintendent of Police or any authority of higher rank may withhold an appeal –

(4) which does not comply with one or more of the provisions of Rule IV or V:

Provided that in every case in which an appeal is withheld the officer preferring the appeal shall be informed of the fact and of the reasons for it.

VII. No appeal shall lie against the withholding of an appeal by a competent authority : Provided that an appeal withheld for failure to comply with the conditions stated in Rule IV or V shall not be withheld if it is re-submitted in a form which complies with these rules within the original period of appeal.

VIII. The Inspector General of Police or a Deputy Inspector General of Police may, for reasons to be recorded in writing, either on his own motion, or on a request from the officer empowered to hear an appeal transfer of an appeal to any other officer of corresponding rank. Nothing in this rule will entitle an appellant to apply for a transfer of an appeal, and no appeal shall lie against an order passed by the Inspector General of Police or Deputy Inspector General of Police under this sub-paragraph.

509. Procedure, when the appeal admitted.-

When the appellate authority admits the appeal and sends for the record, all the papers should be submitted, which were considered by the officer against whose order the appeal is made, including the character and service-roll of the officer punished. Copies of orders passed in appeal which are furnished to the Superintendent of Police by the appellate authority should invariably be recorded with the departmental punishment file and should be submitted therewith when the record is called for.

510. Declaration of appellate authority in cases of successful appeal.-

In cases of successful appeal against orders of dismissal the appellate authority should declare whether the period of enforced absence from duty is to count towards pension.

Revision

[511. Procedure of Revision.-

(a) The power of revision, may in the case of all orders against which an appeal would lie under paragraph 508 (1) be exercised suo motu by any authority to whom the appeal would lie.

(b) Without prejudice to the provisions of Clause (a), the Inspector General of Police may revise an order of a subordinate authority in nonappealable cases and also in cases of acquittal.

(c) No record of a case decided by a subordinate authority shall ordinarily be called for after six months from the date of the order sought to be revised.

(d) No order adversely affecting to Government servant shall be passed, in exercise of revisionary powers, ordinarily after six months from the date of receipt of records except for very special reasons to be recorded in writing.

(e) No authority shll suo motu exercise the power of revision in any case more than once.]

Note.- In view of the addition of par I-A in the regulation, this para may also require consideration for including the Additional Inspector General of Police. Whether the orders passed by the Additional Inspector General of Police will be deemed to be the order of Inspector General of Police and the Government will entertain the revision / petition against his order, may also arise for consideration.

512. Procedure, when appeal is rejected.-

An officer whose appeal has been rejected by any authority subordinate to the Local Government is entitled to submit an application for revision to the authority next rank above that by which his appeal has been rejected. On such an application the power of revision may be exercised only when, in consequence of some flagrant irregularity, there appears to have been material injustice or miscarriage of justice. The procedure prescribed for appeals applies also to applications for revision. An application for revision of an order rejecting an appeal must be accompanied by a copy of the original as well as of the appellate order.

[513. Enhancement of punishment.-

A punishment may be enhanced by–

(a) an appellate authority on appeal; or

(b) any authority superior to the authority to whom an appeal would lie, in exercise of revisionary powers; Provided, in either case, that before enhancing a punishment, the competent authority shall call upon the officer punished to show cause why his punishment should not be so enhanced, and that an order of an appellate authority so enhancing a punishment shall, for the purpose of appeal, be deemed to be an original order of punishment.]

514. Rules for presenting a petition.-

A police officer who has any official grievance other than one covered by the rules relating to appeal and applications for revision giving above may present a petition under the following rules :

(a) The petition should, in the first place, be addressed to the officer the lowest rank who is empowered to pass the desired order. A petition addressed to a higher authority in contravention of rule will be summarily rejected. It must be preferred within three months of the date on which the officer submitting the petition was informed of the order against which the petitions provided that the authority to whom the petition is submitted may extend the time-limit to six months if he is satisfied that the petitioner was prevented by unavoidable circumstances, beyond his control from petitioning within the prescribed limit of three months.

(b) Police officer subordinate to Superintendent, even if they are on leave, may not present any petitions direct to officers superiors to the Superintendent; they must submit their petition through the Superintendent. The Superintendent is obliged to forward all such petitions provided that they are framed in temperate and respectful terms. If he rejects a petition because it is improperly written he should return it to the petitioner with an order to this effect endorsed on it. If he has any knowledge of the subject-matter he should when forwarding the petition make a report explaining his action or expressing his opinion.

(c) When the Superintendent of Police has rejected a petition on a matter which is within his competence the petitioner may submit a further petition to the Deputy Inspector General in which case he must attach to the petition a copy of the Superintendent’s order. If this second petition be rejected by the Deputy Inspector-General an application to the Inspector General against the orders of the Deputy Inspector General will be only for revision. The Inspector General will interfere in such cases only when in consequence of some flagrant irregularity material injustice appears to have been done.

(d) Petitions addressed to magistrates must be stamped with court-fee stamps of eight annas. Other petitions need not be stamped.

(e) Petitions to Government should take the form of memorials and be prepared according to the rules governing the submissions of petition to the Governor or the Government of Uttar Pradesh. The Inspector General of Police is empowered, at discretion, to withhold petitions in certain circumstances specified in these rules and in particular, he has power to withhold any petition which is a representation by a person who is, or has been employed as an officer or member of the police force when it is a petition.

(f) No officer may submit a petition in respect of any matter connected with his official position unless he has some personal interest in the matter.

(g) No petition would lie against punishments mentioned in subparagraphs (e) to (f) of paragraph 478 of the Police Regulations.

(h) No notice will be taken of a petition relating to any matter connected with the official prospects or position of an officer unless it is submitted by the officer himself.

(i) Without prejudice to the rights of recognized Service Associations every officer wishing to petition any authority shall do so separately.

515. Police officers of all ranks are forbidden to approach officials of other departments.-

Police Officers of all ranks are forbidden to approach officials of other departments, members of legislatures, or private persons for support in pressing claims or obtaining redress of grievances, whether by means of questions in Council or letter of recommendation addressed to their superior officers, or otherwise. Police Officers are also forbidden to obtain interviews with Members of, or Secretaries to Government without the permission of the Inspector General.

516. Police officers of all ranks are forbidden to petition for promotion.-

Except as provided by rule, Police Officers of all ranks are forbidden to petition for promotion and superior officers are forbidden to recommend their subordinate for particular posts unless ordered to do so, by the authority competent to fill such posts. Copies of official documents

517. Issuing free of charge copies of official documents to an officer against which an application for revision or petition lies under the rules.-

An officer is entitled to receive free of charge one copy only of any order against which an application for revision or petition lies under the rules in this chapter. Thus in cases in which an application lies for revision of an appellate order, a copy of that order will be given free but the fresh copy of the original order which must also accompany the application must be paid for at the usual rates.

Note.- The word ‘order’ includes (for the purpose of this paragraph but not for the purpose of paragraph 508 (IV) the charge or charges which are the subject of inquiry and the findings (if any) of any officer, whose concurrence to the order of punishment is required (except such findings of which copies have already been given to the officer under paragraph 490 or 491. An application for a copy of the final order and the copy itself are exempted from the court fee and stamp duty under item 42 of Appendix CIII and item 59 of Appendix CII of the U.P. Stamp Manual. If a punished officer applies for a copy of the final order and expresses his intention of going in appeal, he will automatically be given without formal application a free copy of the document mentioned above. Only the copy of the final order which alone will be filed with the appeal, is to be certified as a true copy. If an officer applies for copies of other documents, or when he is applying in revision for a copy of any document other than the final order of the appellate authority, he must pay court-fees on the application and on the copies, vide Article 1 (a), Schedule II and Article 9, Schedule I, Court Fees Act.

518. An officer is entitled on payment of the rates given to copies of all papers material to an appeal.-

An officer is entitled on payment of the rates given in paragraph 519 to copies of all papers material to an appeal, application for revision or petition which lies under the rules in this chapter confidential papers the publication of which would be prejudicial to the administration. Note.- Officer making reports in punishment cases should, as far as possible, exclude all matters the publication of which might be prejudicial to the administration.

519. Rules for payment of copies to private individuals.-

Except as required by law or regulations copies of police official correspondence and records should rarely be given to private individuals or bodies. It would, for instance, be improper to communicate information collected by the police for official purposes to a commercial firm, to be used for advertising purposes, See also Manual of Government Orders.

Whenever a Superintendent of Police is in doubt as to the propriety of granting copies of official documents otherwise than as required by law or rule he should refer to the Inspector General for orders. When copies are given to private individuals or bodies payment must be made for them at the following rates :

(i) For a copy containing not more than 1500 words [Rupee 1]

(ii) For every 300 words in excess of 1,500 words – Extra charge of 12 paise.

(iii) In calculating charges, each statement, report, etc. should be regarded as a separate document, and should be charged for separately.

(iv) The rates for copies of documents in Hindi or Urdu will be the same as for documents in English.

(v) If a copy of a book, register, map or plan is to be prepared, a suitable charge should be fixed by the head of the office.

Copying charges should be recorded in each in advance and should be credited as receipts to head Receipts – XIX – “Police – Miscellaneous. Other Miscellaneous Receipt”, copies should be made by the ordinary staff of the office concerned, without additional remuneration; but if absolutely necessary, at times of pressure copyist may be employed for the purpose of a temporary basis.

All applications for copies, other than those for copies of orders which the Government servants are entitled to receive free of charge under paragraph 77 of the Manual of Government Orders, shall be subject to the payment of court-fee prescribed under Article I of Schedule II of the Court Fees Act, 1870 (Act VII of 1870), as amended in its application to Uttar Pradesh. Except in the case of copies of orders which the Government servants are entitled to receive free of charge, the copies shall be issued on a general stamp of value prescribed under Article 24, Schedule I-B, of the Indian Stamp Act, 1899 (Act II of 1899), as amended in its application to Uttar Pradesh, to be furnished by applicant himself.

Copies need not be written on impressed (copy stamp) order.

[519-A. Construction of reference.-

Construction of reference.- In this Chapter, any reference to ‘Inspector General’ or ‘Inspector-General of Police’ wherever occurring, shall –

(i) in relation to the members of the Pradeshik Armed Constabulary be construed as a reference to the Inspector General of Police, Pradeshik Armed Constabulary, Uttar Pradesh;

(ii) in relation to the personal of the Intelligence Department be construed as a reference to the Inspector-General of Police, Intelligence, Uttar Pradesh;

(iii) in relation to the personnel of Criminal Investigation Department be construed as a reference to the Inspector-General of Police. Criminal Investigation Department, Uttar Pradesh

(iv) in relation to the personnel of Training Institutions of Police Department be construed as a reference to the Inspector General of Police, Training, Uttar Pradesh; and

(v) in relation to the personnel of the Government Railway Police be construed as a reference to the inspector-General of Police, Railways, Uttar Pradesh.