Delhi Police Departmental Enquiry Appeal: Deadline and Authority

Which Orders You Can Appeal

Appeals lie against orders of dismissal, removal, reduction in rank or pay, forfeiture of service, fine up to one month's pay, withholding of increment and censure (DP (P&A) Rule 23(1), PDF p. 27). There is only one appeal from the original order, and the appellate order is final (DP (P&A) Rule 23(2), PDF p. 28).

You get a free copy of the appealable order (DP (P&A) Rule 23(3), PDF p. 28). You may apply to the disciplinary authority for a copy of the record to prepare your appeal. Preliminary enquiry records are not given unless they also form part of the departmental proceedings (DP (P&A) Rule 23(4), PDF p. 28).

Who Hears Your Appeal

Rule 23(6) sets the appellate authority according to who passed the original punishment order (DP (P&A) Rule 23(6), PDF p. 28):

The 30-Day Deadline and How to File

Send your appeal through the DCP of the district or unit where you serve or served (DP (P&A) Rule 24(1), PDF p. 28). It must set out your grounds and enclose a copy of the disciplinary authority's order (DP (P&A) Rule 24(2), PDF p. 28).

An appeal not filed within 30 days of receiving the original order, excluding the time taken to obtain the record copy, is barred by limitation. The appellate authority may accept a late appeal if the delay was due to circumstances beyond your control. If you are believed to be evading receipt, the one month runs from the date the order was sent by registered post AD (DP (P&A) Rule 24(3), PDF p. 28).

In one case the appellate authority dismissed an appeal filed about 11 months after the 30-day limit (Ram Sahai Meena v. Commissioner of Police, Delhi HC, 18.03.2010, PDF p. 3). The Delhi High Court declined to interfere, holding that a bare claim of family problems was not sufficient reason to condone the delay (Ram Sahai Meena, PDF p. 4).

What the Appellate Authority Can Do, and Revision

The appellate authority may confirm the order, accept the appeal and set aside the punishment, reduce it, remit the case for further inquiry, or pass other orders (DP (P&A) Rule 25(1), PDF p. 28) (DP (P&A) Rule 25(1), PDF p. 29). It may enhance the punishment only after a fresh show cause notice and a reasonable opportunity, including a personal hearing if asked for (DP (P&A) Rule 25(1)(d), PDF p. 29). Every appellate order must give reasons, and you get a free copy (DP (P&A) Rule 25(2), PDF p. 29).

If your appeal is rejected, you cannot file a second appeal. You may file a revision within a month of receiving the appellate order, to the authority above the appellate authority, on grounds of material irregularity or illegality (DP (P&A) Rule 25-A, PDF p. 29).

Where to Check

• Rules 23 to 25-A of the Delhi Police (Punishment and Appeal) Rules, 1980, in the India Code booklet (DP (P&A) Rules 23-25, PDF p. 27).
• The date stamp or receipt on your copy of the punishment order, because the 30 days run from receipt.
• Civilian staff in Delhi Police are governed by the CCS (CCA) Rules, 1965 or their parent department's rules, not these rules (DP (P&A) Rule 3(ii), PDF p. 17).

Related Questions

Official Sources

• The Delhi Police Rules booklet, including the Delhi Police (Punishment and Appeal) Rules, 1980 · India Code (Government of NCT of Delhi rules under the Delhi Police Act, 1978)
• Ram Sahai Meena v. Commissioner of Police, W.P.(C) 13941/2009, decided 18.03.2010 · High Court of Delhi