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State of Jammu-Kashmir - Section

Section 98 in Jammu and Kashmir Forest (Protection) Force Rules, 2012

98. Provision regarding enrolled member of the Force whose services are lent to other departments of State Government, etc..

(1)Where the services of an enrolled member of the Force are lent to any other Ministry or department of the State Government or an authority subordinate thereto (hereinafter in this rule referred to as "the borrowing authority"), the borrowing authority shall have the powers of the authority competent to place such member under suspension and of the disciplinary authority for the purpose of conducting disciplinary proceedings against him.
(2)In the light of the findings in the disciplinary proceedings con-ducted against the enrolled member of the Force
(i)if the borrowing authority is of the opinion that any of the minor punishment should be imposed on such member, it may, after consultation with the authority, hereinafter in this rule referred to as the 'lending authority' make such orders in the case as it deems necessary:
Provided that in the event of a difference of opinion between the borrowing authority and the lending authority, such member shall be repatriated; and
(ii)if the borrowing authority is of the opinion that any of the major punishment should be imposed on such member, it shall replace his services at the disposal of the lending authority and transmit to it the proceedings of the inquiry and thereupon the lending authority may, if it is the disciplinary authority, pass such orders thereon as it may deem necessary or if it is not the disciplinary authority, submit the case to the disciplinary authority which shall pass such orders on the case as it may deem necessary;
(iii)provided that before passing such orders, the disciplinary authority shall comply with the provisions of sub-rules (4) and (5) of rule 89;
(iv)provided further that the disciplinary authority may make an order under this clause on the record of the inquiry transmitted to it by the borrower authority, or after holding such further inquiry as it may deem necessary, as far as may be, in accordance with rule 88.