Section 14: Effect of Suspension of a Police Officer
Section 14 explains what happens to a Delhi Police officer's statutory powers, functions and privileges during suspension, and clarifies that suspension does not itself end the officer's status as a police officer.
Text of Section 14 - Effect of suspension of police officer
The powers, functions and privileges vested in a police officer shall remain suspended while such police officer is under suspension from office:
Provided that notwithstanding such suspension such person shall not cease to be a police officer and shall continue to be subject to the control of the same authorities to which he would have been subject if he had not been under suspension.
Meaning and legal effect of Section 14
The provision distinguishes between an officer's authority to exercise police powers and the officer's continuing service status. While the suspension remains in force, the powers, functions and privileges vested in that officer remain suspended. However, the officer does not cease to be a police officer merely because of the suspension.
1. Suspension of police powers
The opening part of Section 14 prevents an officer under suspension from exercising the powers, performing the functions or enjoying the privileges vested in the officer in that capacity during the period of suspension. The precise terms of a suspension order and other applicable service rules should also be considered.
2. Continued status as a police officer
The proviso expressly preserves the person's status as a police officer during suspension. Suspension is therefore different from dismissal, removal or another event that terminates police service. Section 14 itself does not decide whether a suspension is justified or how long it may last.
3. Continued control by competent authorities
Even though the officer's statutory powers are suspended, the officer remains subject to the same authorities that would have exercised control if the officer had not been suspended. Administrative and disciplinary supervision therefore continues, subject to applicable law and rules.
Related provisions of the Delhi Police Act
- Section 12 - Appointment of subordinate ranks: identifies appointing authorities for specified subordinate ranks.
- Section 13 - Certificate of appointment: states that a certificate remains inoperative during suspension, where applicable.
- Section 15 - General powers of Commissioner of Police: addresses powers of the Commissioner of Police.
- Section 19 - Framing of regulations for administration of the police: concerns police administration regulations.
Frequently asked questions
Does a suspended Delhi Police officer cease to be a police officer?
No. The proviso to Section 14 expressly states that suspension does not, by itself, cause the person to cease being a police officer.
Can a suspended officer exercise police powers?
Section 14 provides that the powers, functions and privileges vested in the officer remain suspended while the officer is under suspension from office.
Does suspension remove disciplinary supervision?
No. Section 14 keeps the officer under the control of the same authorities as before suspension.
Does Section 14 prescribe subsistence allowance or a suspension procedure?
No. Section 14 addresses the legal effect of suspension; procedure, pay-related entitlements and review requirements must be assessed under other applicable rules and orders.
Official legal references
For the authoritative legislation and any amendments, consult India Code (Government of India). For departmental information and notifications, consult the Delhi Police official website. The precise effect in an individual case may also depend on applicable service rules, regulations and the suspension order.
Legal information: This article explains the text of Section 14 and is not a substitute for the current official Act, applicable service rules or case-specific legal advice.