Delhi Police Preliminary Enquiry: What Rule 15 Says

What a Preliminary Enquiry Is For

A preliminary enquiry is a fact-finding enquiry (DP (P&A) Rule 15(1), PDF p. 22). Its purpose is to:

• establish the nature of the default and identify the defaulter or defaulters;
• collect prosecution evidence;
• judge the quantum of default;
• bring relevant documents on record to help a regular departmental enquiry.

Where specific information on these points already exists, no preliminary enquiry is needed and the disciplinary authority may order a departmental enquiry straight away. In all other cases a preliminary enquiry should normally come first (DP (P&A) Rule 15(1), PDF p. 22).

Cognizable Offences: The Additional CP's Approval

If a preliminary enquiry discloses a cognizable offence by a subordinate-rank officer in official dealings with the public, a departmental enquiry can be ordered only after prior approval of the Additional Commissioner of Police. The Additional CP decides whether a criminal case should be registered and investigated or a departmental enquiry held (DP (P&A) Rule 15(2), PDF p. 22).

The Delhi High Court has held that Rule 15(2) applies only where a preliminary enquiry was actually held and disclosed such an offence. Where no preliminary enquiry was ordered, the approval requirement did not arise (Kusum Chaudhary v. Commissioner of Police, Delhi HC, 17.04.2017, paras 18-19, PDF p. 8).

Your Rights During and After the Preliminary Enquiry

You may or may not be present at the preliminary enquiry. If you are present, you cannot cross-examine the witnesses (DP (P&A) Rule 15(3), PDF p. 22). Every statement recorded must be signed by the person making it and attested by the enquiry officer (DP (P&A) Rule 15(3), PDF p. 22).

The preliminary enquiry file does not form part of the formal departmental record. Statements from it can be brought on record in the departmental enquiry only when the witnesses are no longer available. The enquiry officer may bring other documents from it on record after giving you copies (DP (P&A) Rule 15(3), PDF p. 22).

For an appeal, copies of the preliminary enquiry record are not given unless that record also forms part of the departmental proceedings (DP (P&A) Rule 23(4), PDF p. 28). The High Court has noted that a preliminary inquiry is a formal proceeding whose papers form part of the record (Kusum Chaudhary, para 23, PDF p. 10).

What Comes Next

If a departmental enquiry follows, Rule 16 sets its procedure for cases where the misconduct, if proved, is likely to lead to a major punishment (DP (P&A) Rule 16, PDF p. 22). You receive a summary of allegations, with lists of witnesses and documents, free of charge (DP (P&A) Rule 16(i), PDF p. 22), and must reply in writing within 7 days (DP (P&A) Rule 16(i), PDF p. 23).

Where to Check

• Rules 15 and 16 of the Delhi Police (Punishment and Appeal) Rules, 1980, in the India Code booklet (DP (P&A) Rules 15-16, PDF p. 22). Check whether Rule 16 has since been amended.
• The Delhi High Court's judgment in Kusum Chaudhary v. Commissioner of Police (paras 18-19, PDF p. 8).
• These rules apply to subordinate ranks, Constable to Inspector. Civilian employees follow the CCS (CCA) Rules, 1965 or their parent department's rules (DP (P&A) Rule 3, 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)
• Smt. Kusum Chaudhary v. Commissioner of Police, W.P.(C) 5810/2015, decided 17.04.2017 · High Court of Delhi