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Download PDF file - Human Rights Commission of Pakistan

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The Punjab Police Act 2010 (Draft) 358. Suspension in judicial cases. -A police <strong>of</strong>ficer accused <strong>of</strong> a criminal <strong>of</strong>fence may be placed under suspensionfrom the date <strong>of</strong> his nomination as an accused in the case. Suspension is compulsory during any period in which apolice <strong>of</strong>ficer is committed to prison. A police <strong>of</strong>ficer arrested by order <strong>of</strong> a civil court in execution <strong>of</strong> a decree orotherwise shall be considered as under suspension from the date <strong>of</strong> arrest till his release from custody.9. Suspension in departmental inquiries. -During a departmental inquiry, the inquiry <strong>of</strong>ficer may require anaccused <strong>of</strong>ficer to proceed on leave or place him under suspension with the consent <strong>of</strong> the Authority for a period notexceeding three months, if his suspension is considered necessary or expedient on the following grounds:(a) Where the accused <strong>of</strong>ficer is facing disciplinary proceedings on charges <strong>of</strong> misconduct ordinarilywarranting award <strong>of</strong> a major penalty.(b) Where the accused <strong>of</strong>ficer is involved in activities prejudicial to the interest and safety <strong>of</strong> the State.(c) Where the accused <strong>of</strong>ficer obstructs the course <strong>of</strong> justice.Provided that the Authority may suspend, reinstate or extend the period <strong>of</strong> forced leave or suspensionfor a period not exceeding another three months.10. Preliminary inquiry. -(1) On receipt <strong>of</strong> information <strong>of</strong> misconduct the concerned supervisory <strong>of</strong>ficer <strong>of</strong> seniorrank may forthwith conduct a preliminary inquiry either himself or cause it to be conducted through any other<strong>of</strong>ficer.(2) The Inquiry Officer so appointed shall not be junior in rank to the <strong>of</strong>ficer complained against.(3) The accused <strong>of</strong>ficer shall be apprised by the Inquiry Officer <strong>of</strong> the nature <strong>of</strong> the alleged misconductand the substance <strong>of</strong> his explanation shall be recorded.(4) The Inquiry Officer appointed under sub-rule (1) shall submit his report to the supervisory <strong>of</strong>ficerwithin seven days <strong>of</strong> his receipt <strong>of</strong> the order <strong>of</strong> his appointment or initiation <strong>of</strong> the inquiry, or finalise it within sevendays if the inquiry is being conducted by the supervisory <strong>of</strong>ficer himself.11. Action on preliminary inquiry report. -(1) If as a result <strong>of</strong> the preliminary inquiry, the supervisory <strong>of</strong>ficer issatisfied that prima facie no case is made out against the accused <strong>of</strong>ficer, he shall close the matter under intimation tothe Authority.(2) If as a result <strong>of</strong> the preliminary inquiry, the supervisory <strong>of</strong>ficer is satisfied that prima facie a casewarranting a penalty is made out and he himself is not competent to award any penalty, he shall refer the matter to theAuthority.(3) If in the opinion <strong>of</strong> he supervisory <strong>of</strong>ficer the misconduct has been such as to warrant minorpenalty and he is competent to do so, award one or more minor penalties adopting the summary proceedings underrule 12 and inform the Authority accordingly.(4) If the Authority for reasons to be recorded in writing finds itself in disagreement with the coursetaken or recommended, it may appoint a different Inquiry Officer for holding “further inquiry” into the matter. Theprocedure for further inquiry shall be the same as for preliminary inquiry.(5) If as a result <strong>of</strong> the preliminary inquiry or further inquiry the misconduct has been such as towarrant major penalty, the Authority shall either award one or more major penalties after summary proceedings underrule 12 or proceed under rule 13 for a regular departmental inquiry.12. Summary Proceedings. -If, on the basis <strong>of</strong> his own knowledge or information placed before it as a consequence<strong>of</strong> preliminary or further inquiry, the Inquiry Officer or the Authority decides that it is not necessary to have a regulardepartmental inquiry conducted against the accused, he shall(i) inform the accused forthwith by an order, in writing, <strong>of</strong> the action proposed to be taken in regard tohim and the grounds <strong>of</strong> the action; and(ii) give him a reasonable opportunity <strong>of</strong> showing cause against that action within a period <strong>of</strong> 14 daysfrom the date <strong>of</strong> receipt <strong>of</strong> order under clause (i).(iii) The accused may make a representation to the Authority against the summary procedure adoptedagainst him within seven days <strong>of</strong> the receipt <strong>of</strong> the orders. In case the representation is preferred,

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