MP Act 12Chapter II · Constitution and composition of the police service

Section 12 · Term of office of key police functionaries

(1)

Officers posted as Director General of Police; Addl. Director General of Police, Law and Order; Inspectors General of Police; Range Deputy Inspectors General of Police, District Superintendents of Police, Sub-Divisional Police Officers, Circle Inspector or Officer-in-Charge of Police Station shall have a minimum tenure of two years:Provided that any such officer may be transferred/removed from his post before the expiry of the minimum tenure of two years consequent upon:

(a)

promotion to a higher post; or

(b)

conviction, or charges having been framed, by a court of law in a criminal offence; or

(c)

punishment of dismissal, removal, discharge or compulsory retirement from service or of reduction to a lower rank awarded under the relevant Discipline & Appeal Rules; or

(d)

suspension from service in accordance with the provisions of the said Rules; or

(e)

incapacitation by physical or mental illness or otherwise becoming unable to discharge his functions and duties; or

(f)

the need to fill up a vacancy caused by promotion, transfer, or retirement.

(2)

In addition to the above grounds, in exceptional cases, any such officer may also be transferred from his post by the competent authority before the expiry of his tenure for gross inefficiency in controlling crime, militancy and law and order situation or for gross negligence or dereliction of duty or where a prima facie case of a serious nature is established against him after a preliminary enquiry or when keeping in view communal or ethnic sensitivities, it is felt that it would be in larger public interest to transfer the concerned officer prematurely. All such cases of premature transfer will be placed before the Police Establishment Board for its consideration. The Police Establishment Board will record its considered opinion in a speaking manner and such opinion in case of subordinate ranks will be given due weightage for premature transfer by the Police Headquarter or Competent Authority. In respect of Deputy Superintendent of Police rank and above such recommendation would be examined by the State Government and decision of State Government would be final which will also be given as a speaking order.Explanation: Competent authority means an officer authorised to order transfers and postings for the rank concerned.

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