Police Officers (Special Provisions) Ordinance, 1976

 

Police
Officers (Special Provisions) Ordinance, 1976

 

Section—3

Police
Regulation of Bengal (PRB), Regulatlon—858(a)(1)

There
are two parts of section 3 of the Ordinance. The second part indicates that the
overriding provision in the first part of section 3 does not exclude the
operation of the law, rules and regulations including PRB in force prior to the
promulgation of the Ordinance. It is for the authority to decide whether a
delinquent police personnel would be proceeded under the Ordinance or
pre-existing law/rules. As pre-existing law remained valid, disciplinary
proceedings under Regulation No. 858 of the PRB has been legally initiated.
Moreover, Regulation 858 (a)(2) empowers the Superintendent of Police to award
a police personnel, i.e. Sub-inspector of Police, any punishment, i.e.
dismissal, removal, which may be awarded by the Inspector General or Deputy
Inspector General of Police under Regulation No. 858(a)(1). Thus AT was in
error in holding that Superintendent of Police can only award punishment to
Sub-Inspector of Police under Regulation 858(a)(1)(iv), i.e. censure or reprimand.

Government
of Bangladesh and others V. Md.Sharifuddin Mollah, 22 BLD (AD) 237.

 

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