Bhushan Khatri (Properietor) 29 June 2012

Procedure of police departmental inquiry

Request to all legal experts, advisors & subject Lawyers,

In a criminal matter where 7 Police Officers, from the post of Sr PI to Hawaldhar, are involved in providing "Illegal Taba Bandobast" of a property by helping break the locks of the Godown to the accused persons, without any court orders, a FIR comes to be registered against them with minor bailable sections of only tresspass after their their written confesstion to the Commissioner of Police Thane that they were involved in providing "Illegal Taba Bandobash" of the property at the instructions and orders of the DCP about a couple of years back .a Departmental inquiry has been initiated by the DGP's office to DCP-Zone-II, Bhiwandi against these Officers. These Officers are allowed to retain or appoint 2 retired Police officers as Inquiry Officers and all the witnessess are introgated by them. Questions asked by these Officers are of Civil nature such as when did the owner or the pocessor of the property but these godowns, what are the documents he is holding, is he of a agresive nature,had police bandobast not provided to the accused, would there have been a quarrel, leding to murder of the accused. Is there any family or civil dispute between the complainant and the accused. In other words they are trying to prove that it is a Civel dispute and Police Officers were there at the site to avoid an quarrel between the compalinanat and the accused inspite of their confession to the Crime with the CP.

My query is that:

1. Are they following the correct procedure?

2. Are these Inquiring Officers allowed to introgate the witness & the Complainant in the DCP's presents?

3. has the Complainant also the right to oppoint an inquiry Officer to answers to their quiries and introgate the accused police officers, which the DCP stated there is no provision in law for the complainant or the witness to do so?

4. Can they ask question of Civil nature to prove a Civil dispute instead of the act committed by the accused officers.

5. And if what they are doing is wrong, what steps should i take, whom should i approach & complaint?

Thanks & regards,

BHUSHAN Khatri

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1 Replies

Anjuru Chandra Sekhar (Advocate ) 29 June 2012

I do not know what is your locus standi in the case from what you have written above. But I would like to say that departmental inquiry is conducted based on service regulations and conduct rules following principles of natural justice, and they are totally civil in nature. The maximum punishment through departmental inquiry can be dismissal, not more than that because it is related to indiscipline shown by officers during the course of their job. No outsider (other than departmental people) can involve, intervene or interfere in the proceedings of departmental inquiry because disciplinary proceedings are an issue between Employer and Employee.

They also have a bailable offence booked for trespass that will be tried by magistrate in a court of law. For that crime whatever punishment is there in IPC for the offence booked i.e., Criminal trespass, that punishment will be given to them if they are found guilty. Here in this case outsiders can implead themselves if they want showing sufficient cause/join as witness. The punishment given by criminal court sometimes has a bearing on the disciplinary proceedings and the criminal offence proved against an employee, and it depends on the service regulations of concerned police department as to what punishment entails if their crime is proved in the court of law.