Section 16 - or it may lie proved to be such case as would require the Capt. Supt. to bring the matter under the notice of the Governor with a view to the dismissal of the offender (see sect. XXI of the Ord.). The Regulation passed by the Executive Council merely says that the Capt. Supt. of Police should investigate every complaint brought against any member of the Force and deal with it as the justice and circumstances of the case require, and I still think it is his duty so to do. His objection that it would lead to double hearing is groundless, for in all or many all the cases in which the public appealed to the Head of the Police, they would, if he took the trouble to investigate the case, be satisfied with his decision. And I submit it is an unheard of, unsupportable position for the head of a Force like the Police to take up, viz.: to tell the public that he will not listen to any complaint against one of his subordinates but will oblige the complainant to prosecute before a Magistrate, or allow the offender to go unpunished.
26 Mr. Jon... 65
"The Capt. Supt. says that it is as to the third point, viz.: 'That it is the duty of the Captain Supt. to inquire into cases of Larceny, Extortion, Bribery and to prosecute the Offender,' that he especially appeals to the Secretary of State. He says that he looks upon this third point solely as a legal question and that if the local Ordinances gave him the power to deal with these cases he would do so; but he submits that duties are imposed upon him that are incompatible with the powers conferred by law.
Let us consider not what duties have been imposed on him, but what is required of him? The Capt. Supt. of Police asked the question: 'Where a Statute defines an offence as punishable by a particular sentence, can the Capt. Supt. ...