NICK Gargan should be forced to resign as Chief Constable of Avon and Somerset, according to HM Chief Inspector of Constabulary.

Sir Thomas Winsor says he supports efforts of the force’s PCC (Police and Crime Commissioner) to make Mr Gargan step down.

PCC Sue Mountstevens has told Mr Gargan of the latest move in the saga, which dates back to his suspension on full pay in May 2014.

He was found guilty by an independent misconduct panel of eight counts of misconduct this summer.

He was accused of abusing his position by “forwarding confidential e-mails, interfering with a recruitment process and sending, receiving and storing intimate images on his police issue phone”.

He had eight final warnings, but refused to step down, despite calls from three former chief constables to go. They claimed he had lost the confidence of his officers.

Ms Mountstevens has now used powers under the Police Reform and Social Responsibility Act to call on Mr Gargan “to resign or retire”, due to a lack of confidence in him by local people and police officers.

The PCC has given him 14 days to reply. When she receives his reply, she will decide whether to continue the process requiring him to resign. If she decides to continue the process, she will tell the Police and Crime Panel and Mr Gargan.

The panel will then hold a private hearing in which they can call on the PCC and Mr Gargan to speak.

The Police and Crime Panel are required to make a recommendation to the PCC which she must have regard to when making her final decision on whether to require the Chief Constable to resign.

Sir Thomas Winsor said the final decision rests with Ms Mountstevens, but adds: “If Chief Constable Gargan is unwilling to resign... he should be compelled to do so.”

He said the force has suffered due to a breakdown in trust, while there would be “some difficulty” with Mr Gargan’s role as the “ultimate decision-maker on matters of misconduct” when he has had eight final written warnings himself.

Sir Thomas went on to say that it is “inherently improbable” that Ms Mounstevens is conducting a witch hunt, as claimed by some MPs, against Mr Gargan as she had appointed him in controversial circumstances.

He added: “Had Chief Constable Gargan retained the confidence of his force, despite the misconduct findings, it is unlikely the PCC would have had the grounds, or desire, to use section 38.

“The loss of confidence in Chief Constable Gargan by those he must lead is a problem which cannot be resolved by misconduct proceedings.”

Mr Gargan has declined to comment on the latest development.