Departmental Enquiry Proceedings

(1) Any police officer, who commits any misconduct or offence under this Act or any other Act for the time being in force or rule or order made thereunder may be subjected to departmental enquiry proceedings under the Kerala Police Departmental Enquiries, (Punishment and Appeal) Rules, 1958 notified by the Government. (2) The State Police Chief may order initiation of action against any police officer, before the Court in accordance with the provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) in addition to the Departmental Enquiry Proceedings under the said Rules. (3) A police officer on being found guilty on enquiry under this section and subjected to any penalties shall not be construed as a criminal under any other Act including this Act or sentenced to any punishment under the Criminal Law. (4) The competent officer or the Government may impose any of the following penalties mentioned in items (a) to (q) below against any police officer found guilty on completion of the department level enquiry,- (a) fine, (b) extra duty including drill and physical training, (c) recovery of loss caused to Government from salary, (d) recovery of loss sustained to the concerned party from salary; (e) giving training to improve work and conduct, (f) prohibit from performing fixed particular duties or assigning fixed particular rank, (g) warning; (h) censure, (i) barring increment without cumulative effect, (j) barring increment with cumulative effect, (k) withholding of promotion, (l) reducing pay without cumulative effect, (m) reducing pay with cumulative effect, (n) reduction in seniority or rank, (o) compulsory retirement, (p) removal, (q) dismissal. (5) The penalties stated in item (g) to (q) above may be given separately or in addition to any punishment stated in items (a) to (f) mentioned above. (6) The penalties stated in items (a) to (f) above shall not be treated as a bar for the promotion of a police officer. (7) Nothing contained in this section prevents any police officer from bringing matters in respect of disciplinary action before the concerned authority or any Court. (8) (1) Department level enquiry proceedings may be initiated against any police officer for the same matter even though he was exonerated by a criminal court after trial he shall not be subjected to penalties on the basis of the same facts in department level enquiry. (2) A police officer if convicted for an offence involving moral turpitude or serious misconduct the disciplinary authority concerned or the State Police Chief or the Government may, after considering the nature of the offence, make him compulsorily retire or remove or dismiss that officer from service. (9) The penalties stated in items (a) to (h) may be decided by the authorised officer after giving reasonable opportunity to the police officer concerned to prove his innocence and without following the detailed procedures specified in the Kerala Police Departmental Enquiries (Punishment and Appeal) Rules, 1958. (10) The authority competent to impose different penalties on police officers belonging to each rank shall be such as may be specified in the Kerala Police Departmental Enquiries (Punishment and Appeal) Rules, 1958.