Chapter-10 Punishment and Appeal

Chapter-10 Punishment and Appeal

Chapter-10 Punishment and Appeal

84. Punishment: In the existence of reasonable and sufficient reason, the following departmental action may be taken against any Armed Police:
(a) General punishment:
(1) To give physical fatigue (fatigue duty) or internee
21(1a) To warn.
(2) To admonish.
22(2a) To write prejudicial opinion in the report regarding the
conduct.
(3) To withhold the increment of salary (grade) for up to Two
years.
(4) To withhold promotion for up to Five years.
(5) To diminish to the lower post or lower time-scale or lower
scale of the same time scale.
(6) To fully or partly recover loss and damage caused to the Government of Nepal due to negligence or nonobservance of rule, order.

(b) Special punishment:
(1) To remove from the service without holding disqualified
for governmental service in the future.
(2) To dismiss from the service with holding disqualified for governmental service in the future.

85. To admonish or to write prejudicial opinion:

(1) If any Armed  Police commits recklessness in his or her work, he or she may be admonished. If he or she commits recklessness in the work even up t0  two times, a prejudicial opinion shall be written in the report regarding
his or her behavior/character.

86. To withhold increment of salary or promotion or to make  demotion: The authority awarding punishment to Armed Police may withhold the increment of salary for up to Two years or promotion for up to Five years or demote to the lower post or lower time scale or lower scale of the same time scale in any of the following circumstances:
(a) If he or she does any undisciplined act.
(b) If he or she does not assume the office where he or she has been transferred to within the time limit.
(c) If he or she does not work satisfactorily.
(d) If he or she admonished for Two times in One year pursuant to this Rule.
(e) If he or she contravenes the Rules relating to conduct.
(f) If he or she shows false reason to detach from the service within  Five years of appointment.
(g) If does not hand over charge pursuant to Rule 128.

(h) If he or she does not implement or obey the order or direction given by the superior authority.
(i) If he or she goes on leave without having reasonable reason and without prior approval or does not present in the work.
(j) If he or she does not perform the responsibility of post as prescribed by the prevailing law.

87. To remove or dismiss from the service:

(1) Any Armed Police may be removed from the service without holding disqualified for governmental service in the future in any of the following circumstances:
(a) If he or she fails to perform his or her responsibility due to disqualification.
(b) If he or she shows irresponsibility and frustration towards own professional knowledge showing
negligence during the training period orfailing to attend the training assigned or making pretence.
(c) If he or she contravenes the matters relating to conduct repeatedly.
(d) If he or she consumes alcoholic substance during the office time or in uniform even before and after
the office time.
(d1) If he or she enters the house of general public in an unauthorized manner whether while on duty or not
or does any improper conduct or makes looting.
(e) If he or she does the work in undisciplined way repeatedly.
(f) If he or she participates in politics.
(g) If he or she fails to present in the office for up to Fifteen consecutive days without getting leave
approved.
(h) If ignores own responsibility of post repeatedly.
(2) Any Armed Police may be removed from the service holding disqualified for governmental service in the future in any of the following circumstances:
(a) If he or she is held to have committed the offence as referred to in Section 27 of the Act
or if he or she commits such offence and goes away.
(b) If he or she is convicted by the court of a criminal case involving moral turpitude.
(c) If he or she is proved to have committed corruption.

88. Authority to hear appeal and award punishment: The authority as  prescribed in Schedule -6 shall have the power to order of punishment as referred to in Rule 84 and to hear the appeal on the order of punishment so given to an Armed Police personnel.

89. To suspend: (1) If an investigation on any charge as mentioned in Rule 87 has to be conducted in respect of any Armed Police, the authority empowered to order punishment to such Armed Police may suspend him or her until the conclusion of the investigation.Provided that, generally suspension shall not be ordered unless
the following circumstance exists:
(a) If the offence as referred to in Section 27 of the Act  has been committed.
(b) If there appears a possibility of collecting false evidence concealing the evidence against him or her
if he or she is not suspended and is allowed to carry out the duty of his or her post, or
(c) If there appears a possibility of causing loss or  damage to the government if he or she is not
suspended and is allowed to carry on the duty of his or her post.
(2) In suspending any Armed Police pursuant to Sub-rule (1), he or she shall not be suspended for26
more than Six months. The proceedings against the Armed Police shall be completed within that
period. If such proceedings cannot be completed due to any extraordinary circumstance and the period of suspension has to be extended, the period of suspension may be extended for27 upto Three months with
the prior approval of the Authority.
(3) Except on the condition of suspension as a result of action taken pursuant to these Rules, if any Armed Police is in detention for any accusation made against him or her due to the reason of his or her act and action, such Armed Police shall be deemed to have been ipso facto suspended during the period of such detention..
(4) If it is required to suspend any Armed Police, the authority empowered to order punishment shall have to give the suspension letter and letter written to produce clarification pursuant to Sub-rule (1) of Rule 91 to the concerned Armed Police.
(5) The authority empowered to order punishment as referred to in Rule 88 may obtain the report with verdict given by himself or herself or any other officer upon the departmental enquiry pursuant to Sub-rule  (2) of Rule 92 before requiring clarification from any Armed Police.

90. Termination of suspension: If any Armed Police is reinstated in his or er post or removed or dismissed from his or her post pursuant to Rule 87 or has completed the period of suspension as referred to in Sub-rule
(2) of Rule 89 or has been released from detention made pursuant to Sub-rule (3) of the same Rule, the suspension of such Armed Police shall terminate

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91. To give opportunity for defense:

(1) The official authorized to order departmental punishment shall, in other circumstances except as
referred to in Section 21 of the Act, and prior to issuing an order to any Armed Police for punishment, give an opportunity to the Armed Police to defend himself or herself, by providing such Police with the reasons
for such action, and a reasonable time to submit his or her note of defense. While giving such an opportunity, the charge against him or her shall be clearly indicated and the facts and grounds on which each charge is based shall also be specified. In such case, the concerned Police shall also have to submit his or her defense within the specified
time, and the concerned official shall seriously consider the defense so submitted.
(2) The official authorized to order departmental punishment may, if he or she thinks it necessary, conduct an investigation either by himself or through any other officer and obtain a report accompanied by
his or her opinion and conclusion.

92. Procedure to be followed by investigating officer:

(1) The investigating officer shall have the power to proceed action for departmental enquiry by adopting the following procedures:
(a) to exercise the powers as are vested in the court such as to take statement, cause to submit written
evidences and issue summons in the name of the witness etc.,
(b) to hear and enquire material evidences in presence of the accused Armed Police,
(c) to give an opportunity to the accused Armed Police to make cross examination with the witness and to
submit material evidences against the accusation.
(2) After the completion of enquiry pursuant to Sub-rule (1), the investigating officer shall have to submit a report before the authority empowered to award punishment. In such a report, the said officer shall  have to submit own verdict of punishment containing the reason therefor, as well as material evidences, if any.

93. Not to need departmental enquiry: It is not required to hold departmental enquiry by the authority empowered to order punishment on the matters concerning the following departmental punishment to  any Armed Police in any of the following circumstances:
(a) If it is required to award general punishment pursuant to Clause
(a) of Rule 84.
(b) If it is required to award punishment to the Armed Police who has absconded or of whom whereabouts cannot be known due to any other reason.
(c) If it is required to award departmental punishment to any Armed Police on the basis of being proved as accused by the court in the offence involving moral turpitude or being held to have committed the offence pursuant to Section 27 of the Act.

94. To propose punishment prior to issuance of order of special punishment: If the concerned Armed Police does not submit a note of defense pursuant to Rule 91 or if the defense submitted by such Police is not satisfactory, the official authorized to order departmental punishment shall, prior to issuing an order of special punishment, ask
such Armed Police to furnish an explanation why the proposed punishment should not be imposed upon him or her.

95. To set out the reason why clarification is not satisfactory: In demanding the clarification by any officer authorized to order punishment from any Armed Police pursuant to Rule 94, before that, if the clarification submitted pursuant to Sub-rule (1) of Rule 91 is not satisfactory, the reasons thereof shall have also to be set out. If the departmental enquiry has been made pursuant to Sub-rule (2) of Rule 91 regarding such police, the result thereof shall have also to mention and the reason of the proposed punishment also shall have to be set out in such clarification.

96. Procedure relating to the order of punishment and duplicate:

(1) While taking decision for any departmental punishment against any Armed Police, the officer authorized to order punishment, by considering whether or not the sufficient opportunity was given to furnish clarifications or explanation to the concerned Armed Police and by reasonably evaluating all available material evidences, clarification and explanation, verdict shall be given by setting out clear reason thereof. The officer authorized to order punishment in such a manner shall have to take decision with his or her clear opinion regarding the
order for punishment.
(2) Notwithstanding anything contained elsewhere in this Chapter, no decision shall have to be taken giving another punishment after demanding the clarification, explanation by proposing one punishment to any Armed Police. Provided that, if it is required to give lesser or higher punishment due to any reason, the procedure as referred
to in Rules 92 and 94 shall have to be fulfilled again.
(3) While taking decision for giving departmental punishment to any Armed Police pursuant to Sub-rule (1), the officer authorized to order punishment shall not make decision with retrospective effect. Provided that in making decision in the case of an absconded one, decision may be made with effect from the date of absconding.
(4) One duplicate copy of the order of departmental punishment made to any Armed Police pursuant to Sub-rule (1) shall have to be given to the concerned Armed Police by the Officer authorized to order punishment without any fee.
(5) If any Armed Police has been dismissed from the service pursuant to Sub-clause (2) of Clause (b) of Rule 84, the officer authorized to order punishment shall have to give the information, including the peculiarity with three generations, to the Armed Police Service Commission and Police Records Keeping Office, and the concerned agency shall also keep such information in its records.

97. Not to effect the decision: Any minor error that does not affect substantially the action taken against any Armed Police by the officer authorized pursuant to These Rules shall not affect the decision.

98. Appeal:

(1) Any Armed Police who is not satisfied with the order for punishment given pursuant to this Chapter may appeal to the officer as prescribed pursuant to Rule 88.
(2) In making appeal pursuant to Sub-rule (1), the following procedures shall have to be followed:
(a) The appeal making Armed Police is required to appeal in his or her own name and such appeal
shall have to be written in reasonable and respectable language,
(b) The appeal making Armed Police shall have to attach existing material evidences required for the
clarification, as well as a copy of the order for punishment against which the appeal is being made,
(c) In making an appeal, the appeal hearing officer has to be addressed, and appeal has to be filed with his
or her office or  through the officer against whose order the appeal has been made.
(d) The appeal shall have to be made within Thirty Five days of receiving the order for punishment.
(e) The concerned office shall register the appeal received pursuant to Clause (d) and give a receipt
thereof to the concerned person.

28 Inserted by the Fifth Amendment.

99. To consider the appeal and decision:

(1) If the appeal filed by any Armed Police against the order of departmental punishment does not
comply with the procedure as referred to in Rule 98, the officer to hear the appeal may reject such appeal.
(2) The officer to hear the appeal shall have to consider the following matters as set out in all other filed appeals except the appeal rejected pursuant to Sub-rule (1):
(a) Whether or not the reality of the matter taken as the basis in the order of punishment has been
established.
(b) Whether or not the matters already established are sufficient for the punishment.
(c) Whether the punishment made is correct, sufficient, insufficient or excessive.
(3) The officer to hear the appeal may, after considering the matters pursuant to Sub-rule (2), give final order to uphold or void the punishment awarded to the appellant or mitigate such punishment.

100. Personnel working in good faith, while discharging the duty, shall not be guilty: While discharging the duty to be discharged by any authorized officer or Armed Police or while serving the order or  warrant issued by a court in good faith pursuant to the Act or these Rules or other prevailing law shall not be liable to any punishment and
to pay damages.