Service Rules including Ad hoc Rules, Regulations, etc., issued by Secretariat Departments.

©

GOVERNMENT OF TAMIL NADU 2023

[Regd. No. TN/CCN/467/2012-14

[R. Dis. No. 197/2009.

[Price: Rs. 4.00 Paise.

No. 31] CHENNAI, WEDNESDAY, AUGUST 2, 2023 Aadi 17, Sobakiruthu, Thiruvalluvar Aandu–2054

Part III—Section 1(b)

Service Rules including Ad hoc Rules, Regulations, etc.,

issued by Secretariat Departments.

NOTIFICATIONS BY GOVERNMENT

CONTENTS

Pages.

HOME DEPARTMENT

Amendments to the Special Rules for the Tamil Nadu Police Subordinate Services and the

Tamil Nadu Police Subordinate Services (D & A) Rules, 1955. .. .. 70-77 DTP—III-1(b)-(31)

[69]70 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 1(b)

NOTIFICATIONS BY GOVERNMENT

HOME DEPARTMENT

Amendments to the Special Rules for the Tamil Nadu Police Subordinate Services

and the Tamil Nadu Police Subordinate Services (D&A) Rules, 1955

[G.O. Ms. No. 269, Home (Police-VI), 7th June 2023, வைகாசி 24, சோபகிருது, திருவள்ளுவர் ஆண்டு-2054.] No. SRO B-35/2023.— In exercise of the powers conferred by sections 8 and 10 of the Tamil Nadu District Police Act, 1859 (Central Act XXIV of 1859) and sections 9 and 11 of the Chennai City Police Act, 1888 (Tamil Nadu Act III of 1888) read with the proviso to Article 309 of the Constitution of India, the Governor of Tamil Nadu hereby makes the following Amendment to the Special Rules for the Tamil Nadu Police Subordinate Service (Section 34 in Volume-III of the Tamil Nadu Services Manual):-

Amendment

In the said Special Rules, in Annexure-I, in the tabular column under class II, for the entry "Director General of Police" in column (4) against the entry "Category 2 Junior Reporter" in column (1), the entry "Deputy Inspector General of Police, CID, Intelligence." shall be substituted.

NOTIFICATION-II

[G.O. Ms. No. 269, Home (Police-VI), 7th June 2023, வைகாசி 24, சோபகிருது, திருவள்ளுவர் ஆண்டு-2054.] No. SRO B-36/2023.—In exercise of the powers conferred by Section 10 of the Tamil Nadu District Police Act, 1859 (Central Act XXIV of 1859) and section 11 of the Chennai City Police Act, 1888 (Tamil Nadu Act III of 1888) read with the proviso to Article 309 of the Constitution of India, the Governor of Tamil Nadu hereby makes the following Amendments to the Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules, 1955:-

Amendments

In the said Rules,-

(1) in rule 2, in sub-rule (1),-

(i) for clauses (a) and (b), the following clauses shall, respectively, be substituted, namely:-

"(a) Black Mark in the case of all police Personnel of and below the rank of Head Constables in Local / Taluk Police, Armed Reserve, Armed Police".

(b) censure or reprimand.";

(ii) for clause (c), the following clause and provisos shall be substituted, namely:-

"(c) Withholding of increments or promotion:

Provided that the penalty of withholding of increment shall not be imposed on a member of the service, if the said penalty cannot be given effect to fully while in service:

Provided further that in cases where the penalty of withholding of increment cannot be given effect to fully for any contingency that arose after the penalty of withholding of increment is imposed, the monetary value equivalent to the amount of such increments that cannot be given effect to shall be recovered from the person:

Provided also that in cases of withholding of increment with cumulative effect, the monetary value equivalent to three times the amount of increments ordered to be withheld shall be recovered.";

(iii) under clause (d), the following proviso shall be added, namely:-

"Provided that in cases where the punishment of reduction to a lower stage in a time-scale cannot be given effect to fully, the monetary value equivalent to the difference in emoluments as a result of reduction to such lower stage in the time-scale for the unexpired period of the punishment shall be recovered from the person.";

(iv) for clause (e), the following clause shall be substituted, namely:-

"(e) Recovery from pay of the whole or part of any pecuniary loss caused to the State Government or the Central Government or to any Government Company or Organisation or Local Authority or to a Local Body, while on deputation, by negligence or breach of orders.";

(v) in clause (f), the expression "Assistant Sub-Inspectors" shall be omitted;

(2) in rule 4, for the expression "columns (ii) (iii) (iv) (v) (vi) and (vii) or (viii)", the expression "columns 3 (i) and 4(i)" shall be substituted.";

(3) for rule 4-A and the proviso thereto, the following rule and the provisos shall be substituted, namely:-

"4-A. In any case where more than one member of the service are jointly involved or whose cases are interconnected, the authority competent to institute disciplinary proceedings and impose any of the penalties specified in rule 2 shall be the authority in respect of the member who holds the highest post among such members and the disciplinary proceedings against all of them shall be taken together. Where inquiry is to be conducted in terms of rule 3(b), the said authority may either himself conduct the inquiry or get the inquiry conducted by an Inquiring Officer appointed by the authority competent to impose major penalty in respect of the member of the service who holds the highest post among such members of the service. The said authority shall remit the case, at the appropriate stage, to the authority competent to impose any of the penalties specified in rule 2 in respect of the member of the service who holds the highest post among such members of service for passing final orders:

Provided that in cases where a member of the service and a member of another service or members belonging to different departments are jointly involved or whose cases are inter connected, the Government shall be the authority competent to initiate disciplinary proceedings against the member of the service and impose any of the penalties specified in rule 2 and in such case the administrative department of Secretariat in respect of the member who holds the highest post will initiate such disciplinary proceedings and issue final orders after complying with the entire procedure laid down in these rules:

Provided further that this rule shall not apply to cases in which officers coming under the administrative control of the Chief Secretary to Government are jointly involved.";

(4) in rule 5, for clause (a), the following clause shall be substituted namely:-

"(a) if such order was passed by an authority specified in column (3)(i) or (4)(i) of the schedule, to the authority specified in column (3)(ii) or (4) (ii) thereof, respectively, and";

(5) in rule 6, in sub-rule (1), in clause (c), in the proviso, the expression "(e)(3)" occurring in two places shall be omitted;

(6) for the schedule, the following Schedule shall be substituted.

"the schedule

(See Rules 2, 4 and 5)

Authority which may impose the penalty under rules 3(a) and 3(b) and the Appellate Authorities

Note: 1. Appellate authority shall be the authority immediately higher in rank than the Disciplinary authority.

Note: 2. In any case, where the Director General of Police level officer imposed the punishment as punishing authority, the Government shall be the Appellate authority in such cases.

Note: 3. In any case, where the Additional Director General of Police level officer imposed the punishment as punishing authority, the Director General of Police / Head of Police Force shall be the Appellate authority in such cases.

Note: 4. In any case, where the Inspector General of Police level officer imposed the punishment as Disciplinary authority, the Additional Director General of Police of the unit concerned shall be the Appellate authority and in the absence of Additional Director General of Police post therein, the Additional Director General of Police (Law&Order) shall be the Appellate authority.

Note: 5. In any case, where the Deputy Inspector General of Police level officer imposed the punishment as Disciplinary authority, the Inspector General of Police of the unit concerned shall be the Appellate authority and in the absence of Inspector General of Police post therein, the Additional Director General of Police of the unit concerned shall be the Appellate Authority in such cases".

P. AMUDHA,

Principal Secretary to Government.

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