Police chief retains powers after gazette empowering NPC disappears from Govt. Printer's website
Agazette issued under the 21st Amendment by which the independent National Police Commission (NPC) retained powers of appointment, promotion, transfer, punishment, etc., of everyone above Chief Inspector (CI) rank— including Officers-in-Charge (OIC) of police stations/functional divisions—was removed from the official website of the Government Printing Department hours after it was published.
These powers were earlier held by the Inspector General of Police (IGP) and other senior officers, as the case may be. With the gazette’s “disappearance”, the status quo returns.
Subsequently, the Police Department—with approval from the Public Security Ministry Secretary and the Election Commission (EC)—handed out appointments that would’ve been under the direct authority of the NPC had the gazette remained valid.
Thirty-three Assistant Superintendents of Police (ASPs) were this week given Superintendent ranks to oversee a range of divisions. The Police Spokesman said they were “acting appointments”.
The NPC published the new gazette on the Attorney General’s advice that, pending the appointment of new members, the Commission could function under the new 21st Amendment to the Constitution. While dated January 13, the new rules were uploaded on January 20. The Sunday Times took a copy of them. But the gazette went “missing” the same night.
The Government Printer claimed it was taken off “as it had not been proofread” and that it will be uploaded again last week.
However, this wasn’t done, raising questions about whether it was its substance that had posed a problem to those who might prefer using the IGP and other senior officers as proxies to control police stations via respective OICs (particularly with elections impending).
NPC Chairman Chandra Fernando, former IGP, on January 21 told the Sunday Times that he was not aware of the gazette’s removal or why it had been taken down. He signed the document which was sent to and later published by the Government Printer.
Under the previous 20th Amendment, the Public Service Commission (PSC) technically held powers of appointment and promotions; cancellation of enlistment or termination of service during probation; confirmation or extension of service; transfers; dismissal; disciplinary control including interdiction; etc, over police officers above CI rank. But the PSC had delegated all of these powers to the IGP and other senior police officers, as allowed by the constitution. This included authority over OICs of police stations/functional divisions.
The new NPC gazette similarly delegated these powers, but with some exceptions. That is, it entrusted the relevant powers to the IGP and, as the case may be, Senior Deputy Inspectors-General of Police (SDIGs), Deputy Inspectors-General of Police (DIGs), Senior Superintendents of Police (SSPs),
Superintendents of Police (SPs) and Assistant Superintendents of Police (ASPs).
But the Commission retained authority over all male and female officers above the ranks of Chief Inspector (in some instances, above Inspector rank) and over OICs of police stations and functional divisions. This meant it held sway over the most senior officers in the Department. The powers pertain to transfers; confirmation or extension of service; cancellation of enlistment or termination; transfers; dismissal, disciplinary control including interdiction; acceptance or rejection of letters of resignation; appeals and so on.
These powers were earlier held by the Inspector General of Police (IGP) and other senior officers, as the case may be. With the gazette’s “disappearance”, the status quo returns.