Police Officers (Special Provisions) Ordinance, 1976

 

 

Police
Officers (Special Provisions) Ordinance [LXXXIV of 1976]


Section 3—

Punishment
like dismissal or removal in respect of a police personnel like the respondent,
a Sub-Inspector of Police, which can be awarded by the Inspector General of
Police, can also be awarded under regulation No. 858 (a) (2) by the
Superintendent of Police.

Government
of Bangladesh and others vs Md Sharfuddin Mollah 54 DLR (AD) 120.

 

Section 7A—

The
Administrative Appellate Tribunal was therefore patently wrong in holding that
the limitation could not be counted from 14-9-1989 when the Secretary, Ministry
of Home Affairs rejected the appellant’s application preferred against the
appellate order passed by the Inspector General of Police on 21-10-1988. It
seems that the Appellate Tribunal being unaware of the aforesaid Ordinances and
under some misconception of the provisos above, committed error in deciding the
point of limitation.

Shaikh
Mustainul Haque vs Inspector General of Police and others 47 DLR (AD) 157.

 

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.