By Atul Krishan
New Delhi, Jan 11 (IANS): Functional Assistant Commissioner of Police (ACP) from now on will not file the charge sheet or any document which are meant to be filed before the adjudicating authorities, said a circular issued by Delhi Police Commissioner Sanjay Arora.
A source said that recently an NDPS court refused to accept a report signed by a functional ACP as Gazetted Officer (GO) after which the Delhi Police Commissioner office swung into action and issued a circular in this respect.
The circular mentioned that instances have been brought to the notice where discharge of duties specified to be undertaken by particular ranks of police officials as mentioned in the applicable Statutes have, in fact, been entrusted to officers holding non- substantive, i.e., functional, look-after, special grade ranks. This irregularity may invite adverse comments from the adjudicating authorities during prosecution of concerned criminal cases.
"It is, therefore, reiterated that wherever the Statute in question specifies a particular duty to be discharged by an officer of a particular rank, the same is to be interpreted as 'by an officer holding substantive specific rank' and not otherwise.
"When an officer holding the specified rank is not available on account of any administrative reason, it shall be incumbent upon the supervisory District/Unit DCP to ensure that an appropriate officer from within his overall available pool of manpower is assigned the task so as to maintain proper conformity with law," read the circular issued by Arora.
What is Functional Rank?
Last year, a number of Delhi Police officials were promoted to senior ranks. Sub-Inspectors were promoted to Inspector rank and Inspector rank officials were promoted to ACP rank. However, there were regular ACPs and Inspectors as well. This has created a problem now regarding signing on charge sheets and discharging duty as officials. Now the Delhi Police Commissioner has asked the functional rank officials not to discharge duty as regular rank officials.