Police reforms in Maharashtra – Are they for real?
16 Jul, 2013
Jagdish K. Gianchandani has sent us the the copies of the resolutions passed by the Maharashtra government which deal with the issue of police reforms.
Transfer and posting within the police department has been an issue which has been debated for long amidst demands for a stable tenure for officers. The Maharashtra government has paved the way for the constitution of Police Establishment Board comprising of senior officers which would deal with all transfers, postings, promotions and other service related matters of officials. It shall also function as a forum of appeal for disposing of representations from officers. The Police Establishment Board shall be formed at the State level, Range level and Commissionerate level.
Constitution of Police Establishment Board
Government of Maharashtra
Home Department
Government Resolution No.: NPC 1008/2/CR-6/Pol-3
World Trade Centre,
Cuffe Parade, Mumbai 400 005
Date: 15th July, 2013
Read -
1. Judgment dated 22.09.2006 of the Supreme Court of India in Writ Petition (Civil) No.310/1996 in Prakash Singh and Others Vs. Union of India and Others.
Background -
The Government of India had appointed a National Police Commission (NPC) for fresh examination of the role and performance of police, both as a law enforcing agency and as an institution to protect the rights of citizens enshrined in the Constitution of India. The NPC, after examining all the issues in depth, submitted various reports and the final report in 1981. Prakash Singh and Others had filed Writ Petition (Civil) No.310 of 1996 against Union of India and others under Article 32 of the Constitution of India for direction to implement the report of the NPC and to frame a new Police Act in order to ensure that police is accountable essentially and preliminarily to the law of the land and the people.
The Hon’ble Supreme Court of India, while deciding the said Writ Petition by its judgment dated 22.09.2006, has held that it is essential to lay down guidelines to be operative till the new legislation is enacted by State Governments. The Hon’ble Supreme Court of India has issued directions under Article 32 read with Article 142 of the Constitution of India for the constitution of a Police Establishment Board in the said judgment.
In pursuance of the judgement of the Hon’ble Supreme Court of India and until appropriate changes are made in the Maharashtra Police Act, 1951 on the lines of the Supreme Court directives, the Government of Maharashtra issued Government Resolution referred to at sr. No. (2) above on 25.07.2008. After due reconsideration of the directives of the Hon’ble Supreme Court and in supersession of Government Resolution dated 25.07.2008, the Government of Maharashtra issues this Resolution.
Resolution
In pursuance of the judgment of the Hon’ble Supreme Court of India and until appropriate changes are made in the Maharashtra Police Act, 1951 on the lines of the Supreme Court directives, the Government of Maharashtra has decided to reconstitute the Police Establishment Board at State Level as under :
A) Police Establishment Board for the officers of the rank of and above Superintendent of Police :
i) Additional Chief Secretary (Home) - Chairperson
ii) Director General of Police - Vice-Chairperson
iii) Director General, Anti-Corruption Bureau - Member
iv) Commissioner of Police, Mumbai - Member
v) Additional Director General of - Member Secretary Police (Establishment)
The above Police Establishment Board shall exercise powers and perform functions as follows:
(a) The Board shall be authorized to make appropriate recommendations to the State Government regarding the posting and transfers of officers of and above the rank of Superintendent of Police, subject to rules, regulations and laws in force. State Government shall give due weightage to these recommendations and shall normally accept them;
(b) The Board shall also function as a forum of appeal for disposing of representations from officers of and above the rank of Superintendent of Police regarding their promotions, transfer, disciplinary proceedings or their being subjected to illegal or irregular orders subject to the provisions of further appeal to Government as per rules, regulations and laws in force;
(c) The Board shall be authorised to make appropriate recommendations to the State Government, on the grievances received from the police officers of and above the rank of Superintendent of Police regarding their promotions, disciplinary proceeding and other service matter after analysing the same as per rules, regulations and laws in force;.
(d) The Board shall exercise such other functions as may be assigned to it by the State Government from time to time.
B) Police Establishment Board for the officers of the rank of and below DeputySuperintendent of Police :
i) Director General of Police - Chairperson
ii) Director General, Anti-Corruption Bureau - Member
iii) Commissioner of Police, Mumbai - Member
iv) Additional Director General of Police (Law & Order) - Member
v) Additional Director General of Police - Member Secretary (Establishment)
The above Police Establishment Board shall exercise powers and perform functions as follows:
(a) The Board shall decide all transfers, postings, promotions and other service related matters of officials of and below the rank of Deputy Superintendent of Police, as per rules, regulations and laws in force;
(b) The Board shall also function as a forum of appeal for disposing of representations from officers of and below the rank of Deputy Superintendent of Police, regarding their promotions, transfer, disciplinary proceedings or their being subjected to illegal or irregular orders subject to the provisions of further appeal to Government as per rules, regulations and laws in force.
(c) The State Government may intervene with decision of board in exceptional cases only after recording its reasons for doing so.
2. The Government of Maharashtra hereby also constitutes Regional Establishment Boards at the range level as under:
i) Range Inspector General of Police -Chairperson
ii) Two senior-most Superintendents of Police within the Range -Members
iii) The Reader (Dy. S.P.), in the office of the Range
Inspector General of Police -Member Secretary
The Regional Police Establishment Board at the Range level shall exercise powers and perform functions as follows:
a) The Board shall decide all transfers, postings and other service related matters of officials of the rank of Police Sub Inspector to Police Inspector within the range, as per rules, regulations and laws in force;
b) The Board shall be authorized to make appropriate recommendations to the State Establishment Board under the Chairmanship of Director General of Police, regarding postings and transfers out of the range of officers of the rank of Police Sub Inspector to Police Inspector.
3. The Government of Maharashtra hereby also constitutes Establishment Boards at the Commissionerate level as under:
i) Commissioner of Police - Chairperson
ii) Two senior-most officer in the rank of Joint Commissioner/Additional Commissioner/ Deputy Commissioner of Police. - Members
iii) Deputy Commissioner of Police (Head Quarter) - Member Secretary
Police Establishment Boards at the Commissonerate level shall exercise powers and perform functions as follows:
(a) The Board shall decide all transfers, postings and other service related matters of officials of rank of Police Sub Inspector to Police Inspectors within the Commissionerate, as per rules, regulations and laws in force;
(b)The Board shall be authorized to make appropriate recommendations to the State Establishment Board under the Chairmanship of Director General of Police regarding posting and transfers out of the Commissionerate of officers of the rank of Police Sub Inspector to Police Inspector.
4. The Regional Police Establishment Boards and the Establishment Boards at the Commissionarate level will function under the Superintendence, direction and control of the Establishment Board at State level under the Chairmanship of Director General of Police.
This Government resolution of Maharashtra Government is available at the website www.maharashtra.gov.in. Reference no. for this is 201307151136271729. This order has been signed digitally.
By order and in the name of the Governor of Maharashtra.
(Sudhakar Chavan)
Joint Secretary to Government of Maharashtra.
In comp
Constitution of Police Complaints Authorities
Government of Maharashtra
Home Department
Government Resolution No.: PCA-1013/CR- 109 /Pol-3
Home Department, World Trade Centre,
Cuffe Parade, Mumbai-400 005.
Date: 15th July, 2013.
Read -
1. Judgment dated 22/09/2006 of the Hon'ble Supreme Court of India in Writ Petition (Civil) No.310/1996 in Prakash Singh and Others Vs. Union of India and Others.
2. Government Resolution No.NPC-1008/2/CR-6/POL-3, dated 25/07/2008.
Background
The Government of India had appointed a National Police Commission (NPC) for fresh examination of the role and performance of police, both as a law enforcing agency and as an institution to protect the rights of citizens enshrined in the Constitution of India. The NPC, after examining all the issues in depth, submitted various reports and the final report in 1981. Prakash Singh and Others had filed Writ Petition (Civil) No.310 of 1996 against Union of India and others under Article 32 of the Constitution of India for direction to implement the report of the NPC and to frame a new Police Act in order to ensure that police is accountable essentially and preliminarily to the law of the land and the people.
The Hon’ble Supreme Court of India, while deciding the said Writ Petition by its judgment dated 22/09/2006, has held that it is essential to lay down guidelines to be operative till the new legislation is enacted by State Governments. The Hon’ble Supreme Court of India has issued directions under Article 32 read with Article 142 of the Constitution of India for Constitution of State Police Complaints Authority and District Police Complaints Authorities in the said Judgment.
Resolution
In pursuance of the judgment of the Hon’ble Supreme Court of India and till appropriate changes are made in the Maharashtra Police Act, 1951 and /or other relevant rules on the lines of the Supreme Court directions, the Government of Maharashtra issued Government Resolution referred to at Sr. No. (2) Above. Now after due consideration of Hon’ble Supreme Court’s order dated 22/09/2006, the Government of Maharashtra reconstitutes the State and District Level Police Complaints Authorities as under :
There shall be Police Complaints Authority at the State Level consisting of the following:-
1. A retired High Court Judge - Chairperson
2. A Police Officer superannuated in the rank not below the Inspector General of Police - Member
3. A person of eminence from the civil society - Member
4. A retired officer not below the rank of Secretary/ Commissioner to the State Government - Member
5. An officer not below the rank of Additional Director General of Police - Member Secretary
2 The Chairperson of the State Level Police Complaints Authority shall be chosen by the State Government out of a panel of names proposed by the Hon’ble Chief Justice of the Bombay High Court. Members of the State Level Police Complaints Authority shall be selected by the State Government from a panel prepared by a three member Committee comprising
(i) the Chairman, State Human Rights Commission (Maharashtra),
(ii) the State Upa-Lokayukta (Maharashtra) and (iii) the Chairman, Maharashtra Public Service Commission.
3 The State Police Complaints Authority shall exercise powers and functions as under:-
(i) look into the complaints against police officers of the rank of Superintendent of Police/Deputy Commissioner of Police and above in respect of serious misconduct involving (i) death in Police custody, (ii) grievous hurt, as defined in Section 320 of the Indian Penal Code, 1860, (iii) rape or attempt to commit rape, (iv) arrest or detention without due process of law, (v) allegations of corruption, (vi) extortion, (vii) land/house grabbing and (viii) any incident involving serious abuse of authority;
(ii) enquire into allegations of serious misconduct of the above officers either suo-moto or on a complaint received from (a) a victim or family members on his behalf, (b) the National or State Human Rights Commission, and (c) the police;
(iii) require any person to furnish information on such points or matters as in the opinion of the authority may be useful for or relevant to the subject matter of enquiry; and
(iv) make appropriate recommendations to the State Government on any case enquired into it;
4. There shall be a Police Complaints Authority at each district called the District Police Complaints Authority consisting of the following:-
1. A retired District Judge - Chairperson
2. A police officer superannuated in the rank not below the Superintendent of Police - Member
3. A person of eminence from the civil society – Member
4. An officer of the rank of Dy. Superintendent of Police or equivalent - Member Secretary
5. The Chairperson of the District Level Police Complaints Authority shall be chosen by the State Government out of a panel of names proposed by the Chief Justice or a Judge of a High Court nominated by him. Members of the District Level Police Complaints Authority shall be selected by the State Government from a panel prepared by a three member Committee comprising (i) the Chairman, State Human Rights Commission, (ii) the State Upa-Lokayukta (Maharashtra) and (iii) the Chairman, Maharashtra Public Service Commission.
6. The District Level Police Complaints Authority shall exercise powers and perform functions as follows :
i) receive complaints against police officers of and upto the rank of Deputy Superintendent of Police posted in the respective districts/ Police Commissionerates, if any, located within the particular District;
ii) enquire into allegations of serious misconduct of the above officers either suo-moto or on a complaint received from (a) a victim or family members on his behalf, (b) the National or State Human Rights Commission, and (c) the police;
iii) look into complaints against police officers of and upto the rank of Deputy Superintendent of Police/Assistant Commissioner of Police in respect of serious misconduct involving (i) death in Police custody, (ii) grievous hurt, as defined in Section 320 of the Indian Penal Code, 1860, (iii) rape or attempt to commit rape, (iv) arrest or detention without due process of law, (v) allegations of corruption, (vi) extortion, (vii) land/house grabbing and (viii) any incident involving serious abuse of authority;
iv) forward the complaints to the State Police Complaints Authority against police officers above the rank of Deputy Superintendent of Police/Assistant Commissioner of Police;
v) receive and enquire into the complaints of non-registration of First Information Report; and
vi) make appropriate recommendation to the appropriate authority on any matter enquired into by the Authority.
7. For Commissionerate of Police, Mumbai there shall be a District Police Complaints Authority at Mumbai and Commissionerate of Police, Navi Mumbai will be part of the District Complaints Authority of District Raigad.
8. The terms of office of the persons of eminence appointed by the State Government in the Police Complaints Authority at State Level as well as District Level shall be for a period not exceeding three years. The other terms and conditions of such members shall be as may be prescribed by the State Government.
9. The recommendations of the State Level as well as District Level Police Complaints Authorities, for any action departmental or criminal, against a delinquent police officer shall be binding on the Authority concerned. However, in exceptional cases for reasons to be recorded in writing by the concerned Authority, the recommendations may be departed from.
This Government resolution of Maharashtra Government is available at the website www.maharashtra.gov.in. Reference no. for this is 201307151135523629. This order has been signed digitally.
By order and in the name of the Governor of Maharashtra.
( Charushila Tambekar )
Joint Secretary to Government of Maharashtra