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Chapter-3 Control and Discipline of the Police Force

Chapter-3 Control and Discipline of the Police Force
9. 19 Appointment, promotion, dismissal and other departmental punishment of police employees :

(1) The appointment and promotion of gazetted police officers shall be made by the Government of Nepal, and
that of other police employees of subordinate ranks shall be made by the Inspector General of Police, Additional Inspector General of Police, Deputy  Inspector General of Police 20 or Zonal Superintendent as prescribed.
(2) The police employees shall hold their office during the pleasure of the Government of Nepal.
(3) The Government of Nepal may dismiss, remove, demote in rank or salary, or otherwise punish Gazetted Police Officers, and the Inspector General of Police, Additional Inspector General of Police, Deputy Inspector
General of Police 21 or Zonal Superintendent may dismiss, demote in rank or salary or otherwise punish the officers and personnel of subordinate ranks, as prescribed.
(4) In case any employee of subordinate rank shows carelessness or negligence in the discharge of his or her duties or does something to avoid the discharge of any duty, thereby providing himself or herself incapable of
fulfilling such a duty or commits a breach of discipline or otherwise behaves improperly, the prescribed officer may dismiss him or her, remove him or her from force, demote him or her in rank or salary, or if he or she
so deems necessary, award the following punishment as prescribed:
(a) Imposition of a fine of not more than one month’s salary.
(b) Keeping him or her in detention at the quarters for a period of Fifteen days, with or without subjecting him
or her to parade, additional guard duty, or fatigue or any other duty, as punishment.
Provided that, the punishment prescribed in this Clause may not be awarded to any officer.
(c) Removing him or her from any post of important responsibility or withdrawing payment of special
salary and allowances being paid to him or her.
10. 22 Saving from arbitrary dismissal, etc. :

(1) In case any police employee is to be dismissed, removed from the force or demoted in rank or salary, he
or she shall be given an opportunity to explain why he or she should not be so punished, as well as a reasonable time-limit for doing so, except in the following circumstance:
(a) In case he or she is sentenced to imprisonment after being convicted by the court of a criminal offence
involving moral turpitude,
(b) In case he or she is sentenced to imprisonment after being convicted of an offense punishable under this
Act, or
(c) In case the punishing authority prepares a memorandum explaining the reason why it is not
proper to provide an opportunity to the police employee to submit an explanation.
(2) Only the officer empowered to appoint any police employee may dismiss him or her or remove him or her from the force or demote him or her in rank or salary.
10A. 23 Not to bar institution of case : The institution of a case under this Act or the other Nepal laws in force shall not be deemed to be barred merely by the reason that a departmental action or punishment has been taken or
imposed pursuant to Section 9.
11. 24 Procedure for departmental action and punishment, and appeal :
(1) While ordering the dismissal of any police employee or his or her demotion in rank or salary, the officer empowered to award departmental punishment under Section 9 shall prepare a memorandum explaining the
basis of such order, the charges, the findings of the investigations conducted in respect thereto, the explanations offered by such police employee, additional information, if any, obtained on the basis of such
explanations, and his or her own findings. In case no opportunity has been given to the police employee to explain his or her case, the officer shall, in such a memorandum, also explain why he or she has not deemed it
necessary to provide such opportunity, and shall sign the memorandum and attach it to the case file.
(2) An appeal may be filed with the prescribed officer against any order of departmental punishment made under Section 9.
Provided that, no appeal filed against the punishment awarded under Clause (b) of Sub-section (4) of Section 9 shall be entertained.
11A . 25 Power to take departmental action and impose punishment : The power to take departmental action and impose punishment according to this Act or the Rules framed hereunder shall vest in the authority prescribed in
the Rules, if any, so prescribed and, failing such prescription, in the committee formed by the Government of Nepal by a Notification in the Nepal Gazette

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