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State of Jammu-Kashmir - Section

Section 96 in Jammu and Kashmir Forest (Protection) Force Rules, 2012

96. Procedure to be followed in case conviction by a criminal court.

(1)The Deputy Director shall go through the record of every case brought against an enrolled member of the Force in the Court, and shall take departmental cognizance of every criminal case in which an enrolled member of the Force is convicted or acquitted or discharged (except when the case is false) and record an appropriate order.
(2)Effect of imprisonment—Every enrolled member of the Force punished with imprisonment or released on probation after conviction for an offence implying moral turpitude, such as, theft, perjury, rape, or with imprisonment exceeding six month for any other offence or for any matter specified in section 16 of the Act shall be proceeded against for dismissal, and shall ordinarily be dismissed from service.
(3)Effect of fine—When an enrolled member of the Force is sentenced to fine by a criminal court, disciplinary authority may examine the circumstances of the case and, if necessary in the interest of the Force, draw up proceedings for suitable punishment.
(4)Form of charge in such case
(i)the charge in proceedings under sub-rules (2) and (3) shall be that the accused has been convicted, imprisoned or fined, as the case may be, for the offence concerned.
(ii)without prejudice to the rights of the accused on final acquittal, such proceedings shall be taken up as soon as the trial court has passed orders of conviction and disposed of immediately in order to avoid the wasteful expenditure involved in allowing the enrolled member of the Force to remain under suspension.
(5)Proceedings in case of discharge—When an enrolled member of the Force is prosecuted before a court but discharged for insufficiency of evidence or on any technical ground or by giving him the benefit of doubt, the disciplinary authority shall examine the possibility of instituting departmental proceedings after an objective consideration of all the facts and circumstances of the case and may take such action as deemed appropriate.