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Rule 115
Punishment Related Procedures
: (1) Before ordering the punishment, the police officer should be given a written notice stating the conduct to be taken, including the possible punishment, and should be given an opportunity to present his justification. In such a written notice, the charges against you should be clearly stated. In addition, the facts and reasons on which each allegation is based must also be disclosed. The accused police officer shall submit a written explanation regarding his acquittal and the proposed punishment within the time limit mentioned in such notification.
(2) In relation to the police personnel whose absconders are not found or it is impossible to establish contact due to any other reason, the removal or dismissal from the police service shall be done as mentioned in Schedule-14. But the court has already been found guilty of criminal charges of moral turpitude or Sections 33A, 33B of the Act. And any police officer who has been sentenced to imprisonment by a special police court for having committed a crime under 34 will be informed about the punishment to be meted out.
(3) If the officer authorized to order punishment deems it necessary to conduct an investigation in relation to the offenses mentioned in rules 111, 112 and 113 by a police officer, such officer may conduct an investigation himself or by any other officer. The investigating officer should inquire with the concerned police personnel as required and submit his report along with the reason and the evidence.
(4) If any charge against a police officer is to be investigated, the officer empowered to order punishment may suspend such police officer until the investigation is completed. When suspending in this way, the basis and reason for suspension should be clearly disclosed.
(5) The period of suspension as per sub-rule (4) shall not exceed six months. During the period of suspension, the above proceedings shall be suspended.
(6) According to sub-rule (4), when any police officer is to be suspended, the following conditions must exist:
(a) Allowing the office to function without suspension may lead to false evidence or evidence against you.If it seems likely to disappear or destroy, or
(b) if there is a possibility of causing further damage to the Government by allowing the office to function without suspension, or
(c) If a police officer is not suspended because of his actions, there may be demoralization, excitement among the employees within the organization, or there may be a negative impact on the public mind or if the reputation of the police organization will be damaged.
(7) According to sub-rule (4), the police employee under suspension will get only half of the salary allowance.
(8) A police officer who has been arrested and detained in any criminal charge or for an offense under the Act, or who has been charged with such charges, shall be automatically suspended until the end of the case. But,
(a) If the charge against the suspended police officer is not proven and acquitted, he will get half of his salary for the period of suspension, and if he did not get it, he will get his full salary (in case of salary increase). If he is found guilty, he will not get the remaining salary and allowance from the date of suspension.
(b) If a police officer is suspended due to any other reason other than as a result of an action taken by the Government of Nepal in relation to government work or in the course of fulfilling the duties assigned to an employee, he will not receive salary allowance for the period of such suspension. But if he is acquitted, he will get salary for the entire period of suspension.
(8A) If a police officer is suspended for being arrested and imprisoned for an accusation or offense as per sub-rule (8), the suspension shall be automatically released if a final decision is made not to prosecute such accusation or offence.
(9) If an authorized body sends a written request for suspension of a police officer in any criminal prosecution against which the Government of Nepal is a plaintiff, the authorized officer shall suspend such police officer and inform the concerned body thereof.
(2) In relation to the police personnel whose absconders are not found or it is impossible to establish contact due to any other reason, the removal or dismissal from the police service shall be done as mentioned in Schedule-14. But the court has already been found guilty of criminal charges of moral turpitude or Sections 33A, 33B of the Act. And any police officer who has been sentenced to imprisonment by a special police court for having committed a crime under 34 will be informed about the punishment to be meted out.
(3) If the officer authorized to order punishment deems it necessary to conduct an investigation in relation to the offenses mentioned in rules 111, 112 and 113 by a police officer, such officer may conduct an investigation himself or by any other officer. The investigating officer should inquire with the concerned police personnel as required and submit his report along with the reason and the evidence.
(4) If any charge against a police officer is to be investigated, the officer empowered to order punishment may suspend such police officer until the investigation is completed. When suspending in this way, the basis and reason for suspension should be clearly disclosed.
(5) The period of suspension as per sub-rule (4) shall not exceed six months. During the period of suspension, the above proceedings shall be suspended.
(6) According to sub-rule (4), when any police officer is to be suspended, the following conditions must exist:
(a) Allowing the office to function without suspension may lead to false evidence or evidence against you.If it seems likely to disappear or destroy, or
(b) if there is a possibility of causing further damage to the Government by allowing the office to function without suspension, or
(c) If a police officer is not suspended because of his actions, there may be demoralization, excitement among the employees within the organization, or there may be a negative impact on the public mind or if the reputation of the police organization will be damaged.
(7) According to sub-rule (4), the police employee under suspension will get only half of the salary allowance.
(8) A police officer who has been arrested and detained in any criminal charge or for an offense under the Act, or who has been charged with such charges, shall be automatically suspended until the end of the case. But,
(a) If the charge against the suspended police officer is not proven and acquitted, he will get half of his salary for the period of suspension, and if he did not get it, he will get his full salary (in case of salary increase). If he is found guilty, he will not get the remaining salary and allowance from the date of suspension.
(b) If a police officer is suspended due to any other reason other than as a result of an action taken by the Government of Nepal in relation to government work or in the course of fulfilling the duties assigned to an employee, he will not receive salary allowance for the period of such suspension. But if he is acquitted, he will get salary for the entire period of suspension.
(8A) If a police officer is suspended for being arrested and imprisoned for an accusation or offense as per sub-rule (8), the suspension shall be automatically released if a final decision is made not to prosecute such accusation or offence.
(9) If an authorized body sends a written request for suspension of a police officer in any criminal prosecution against which the Government of Nepal is a plaintiff, the authorized officer shall suspend such police officer and inform the concerned body thereof.