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Download PDF file - Human Rights Commission of Pakistan

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38Revisiting Police Lawsis the cause <strong>of</strong> departmental proceedings shall not affect any minor or major penalties that may have been awarded ormay be awarded to the accused <strong>of</strong>ficer under these rules.(2) Conviction by the court for a period exceeding one month shall entail dismissal from service, unlessit is set-aside in appeal.18. Appeal. -(1) An appeal shall lie to the Appellate Authority within 15 days <strong>of</strong> the receipt <strong>of</strong> order to be appealedagainst except when reasonable cause is shown for the delay, a grace period <strong>of</strong> another 15 days may be allowed to theappellant.(2) There shall be only one appeal to the Appellate Authority against the award <strong>of</strong> a minor or majorpenalty. No senior <strong>of</strong>ficer or forum has the authority to entertain any mercy petition, review petition, or appeal in thisregard.(3) The appeal shall be submitted through proper channel.(4) The Authority may uphold, set aside or vary or modify the order appealed against. In case <strong>of</strong>enhancement <strong>of</strong> penalty, the Authority shall serve a show cause notice to the appellant.(5) The Appellate Authority, while hearing an appeal, may obtain comments <strong>of</strong> the punishing Authority.The decision on an appeal shall contain detailed reasons in the order deciding the appeal in case the penalty is setaside, modified or reduced, against each <strong>of</strong> the points raised by the punishing Authority.19. Bar <strong>of</strong> appeal. -No appeal to any court or tribunal exercising any jurisdiction, whatsoever, shall lie against anydecision <strong>of</strong> an authorized <strong>of</strong>ficer or Authority, save as provided in these Rules.20. Previous record <strong>of</strong> the accused to be considered. -While awarding a minor or major penalty, the InquiryOfficer shall peruse the entire record <strong>of</strong> the accused <strong>of</strong>ficer and make it a part <strong>of</strong> the proceedings. No penalty shallbe awarded otherwise.21. Disciplinary proceeding pending under other rules. -All disciplinary proceedings pending against members<strong>of</strong> the Punjab Police before the commencement <strong>of</strong> these rules shall be completed under the relevant rules.22. Proceedings under these rules no bar to any civil or criminal procedure. -Proceedings under these rulesshall not be a bar to any civil or criminal proceedings that may be instituted against the accused <strong>of</strong>ficer in an ordinarycourt <strong>of</strong> law, and vice versa.23. Officers and Authorities competent to award penalties. – The <strong>of</strong>ficers and Authorities shall be competent toaward penalty and hear appeals according to the following schedule. The ranks indicated in the schedule shall includeequivalent ranks.FOR POLICE OFFICERSRankOfficer competent toaward minor penaltyAuthority competent toaward any penaltyAppellate AuthorityConstable, HeadConstableAssistant or DeputySuperintendent <strong>of</strong> PoliceHead <strong>of</strong> District Police, SeniorSuperintendent <strong>of</strong> PoliceCapital City Police Officer,Deputy Inspector-General<strong>of</strong> PoliceAssistant Sub-Inspector,Sub-Inspector, InspectorSuperintendent <strong>of</strong> PoliceHead <strong>of</strong> District Police, SeniorSuperintendent <strong>of</strong> PoliceCapital City Police Officer,Regional Police Officer,Deputy Inspector-General<strong>of</strong> PoliceDeputy Superintendent <strong>of</strong>PoliceDeputy Inspector-General<strong>of</strong> PoliceCapital City Police Officer,Regional Police Officer,Additional Inspector-General<strong>of</strong> PoliceProvincial Police OfficerSuperintendent <strong>of</strong> PoliceCapital City Police Officer,Additional Inspector-General <strong>of</strong> PoliceProvincial Police OfficerChief Secretary

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