UT: PCA orders not binding on police

In its affidavit,the Chandigarh Administration has submitted that “the Police Department Chandigarh has received 85 recommendations from the Police Complaint Authority so far and departmental enquiries have been conducted in most of the cases. The departmental enquiries in 18 such cases are in progress. However,there are certain instances which have come to light where the Police Complaint Authority has actually ordered suspension or transfer of an official exceeding its jurisdiction. These recommendations which have not been acted upon are beyond the mandate given to the Police Complaint Authority vide notification dated June 23,2010”.

The reply further reads “the recommendation of PCA shall ordinarily be binding unless for the reasons to be in writing,the Administration decides to disagree with the findings of the authority”.

Arguing on behalf of the Administration,senior standing counsel for UT Administration,Sanjay Kaushal said that the Chandigarh Police is complying with the recommendations of the PCA. He said that the PCA cannot recommend suspension or transfer of a police official.