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 quasijudicial 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. -

/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

/3/ same is not acknowledged , a Copy of the order calling him

to. attend the departmental enquiry should be pasted outside h is house and th e statements of respectables
of the area recorder of having :one

so.

Thereafter ,

the enquiry EhoLid

o:i duct >d ep^ar .t2. ;ch a cases the details of what has transpired

in

his

no

depcsi ti oii:a,

Si

ou ld

be

furn ish ed

h: Cc : r of uir_y, the dalir c

i
an rticioato

in the

qii j. r.,
ings i-,3 .5 not

nece ssary

to re do

the same again

the delinquent is able to give

justification to the satisfaction of the Enquiry officer for not participating in 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 proseeqution witnesses, b) The next step would be a brief discussion of the deposition of'every PWinclud4tig.the documents produced by them.

/n/ c) Then the ieuositlon of the defence witnesses should be written in brief alongwith details of documents >roduccd by them.
d) Then the s.1.ir:nt features of the statement of delinquent

e) The pints L u. ght out during the, prosecution and the defence:: h u ;lc, thereafter be discus csed and evidence

we igh;_ d.
f)

Thi n

TJ b i by the finding of the officer with

or

reasons

t Jin - to that finding after

analysing

the

evil&^&nce on record. g) The ,Enquiry officer is not supposed to make any recommendation 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 depositions 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

/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, N umber and No. and date of Brief mention ro. Name Of the Memorandum of of contents of delinquent charges charge (1) (2) (3) (4)

- - - - -

Date of Date of Name of the suspension reinstate- E.O. and the

ment Cate DE entrusted to him

Order with date regarding payment of subs. allowance and increase from time to time

(5)

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

(6)

(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) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ _ _ _ _ _ _ _ Order No, and date and brief of order passed by Disc. Authority (12)
1 --

Remarks (13)

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

suspension (1) (2) (3) (4) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

. .

/6/

ncunt:_` subs. allowance p p Final decieion. about the paid fr,; ti to time suspension with date ( ) (o)

Remarks

(7)

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

official %?:-;a1C St wh_m criminal charges arc peld:ing. They

w o uld

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

theme

co racer t

-9,40

and

nut up th e _ e e he
shall

concern, a P/IGP. This info ination

crime
review

also

ii )

.-'url "!, the .ia.tl.`._ -

m eeti ngs.

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

detail mentioning the correct position of investigation /trial. -by the SHOS should Delay, if any, in the sulriission of reports' be brought to the notice of concerned SSP/IGP immediately. 14. All papers regarding a DE like memorandum of charges, SCNs , final orders etc. shall be served personally by the SPs and would not be sent to subordinate officers.
15. A copy of the Pondicherry Police Subordinate All officers . Services (D&A) Rules , 1968 is enclosed herewith should go through the same carefully and understand its provision's for application while conducting IEs.

(S.RAMAIQtISHNAN) INSPECTOR GENERAL OF POLICE PONDICHERRY.

To S.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.