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State of Jammu-Kashmir - Section

Section 118 in Jammu and Kashmir Forest (Protection) Force Rules, 2012

118. Revision.

(1)Any member of the Force whose appeal has been rejected by a competent authority may prefer an application for revision to the next superior authority. The powers of revision may be exercised only when
(i)in consequence of some material irregularity, there has been injustice or miscarriage of justice; or
(ii)fresh evidence is disclosed which could not be produced or was not available at the time of passing of the impugned order.
(2)The procedure prescribed for consideration of appeals under rule 116 shall, so for as may be, apply to application for revision.
(3)The superior authority while passing orders on the application for revision may at its discretion enhance punishments:Provided further that subject to the provisions of sub-rule (2) or rule 111, an order enhancing the punishment shall be treated as an original order for the purpose of appeal, except when such an order has been passed by the State Government in which case no further appeal shall lie where such order has been passed by the Director, the appeal shall lie to the State Government.
(4)Any authority superior to the authority making the original order may on its own motion, or otherwise, call for the records of any inquiry and revise, any order made under these rules any may
(i)confirm, modify or set aside the order; or
(ii)confirm, enhance, reduce or set aside the punishments imposed by the order, or impose any punishment where no punishment has been imposed; or
(iii)remit the case to the authority which made the order or to any other authority directing such authority to make such further inquiry as it may consider proper in the circumstances of the case; or
(iv)pass such other orders as it may deem fit:
Provided that no action under this sub-rule shall be initiated after the expiry of one year from the date of the order aforesaid:Provided further that no proceeding for revision shall be commenced until after
(i)the expiry of the period for making an appeal specified in section 8; or
(ii)the disposal of the appeal, where any such appeal has been preferred:
Provided further that in a case in which it is proposed to enhance punishment further, the aggrieved member shall be given an opportunity to show cause either orally or in writing as to why his punishment should not be enhanced.