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[Cites 0, Cited by 0] [Section 126] [Entire Act]

State of Jammu-Kashmir - Subsection

Section 126(2) in The Constitution of Jammu and Kashmir

(2)[ No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges and where it is proposed after such inquiry, to impose on him any such penalty, until he has been given a reasonable opportunity of making representation on the penalty proposed, but only on the basis of the evidence adduced during such inquiry :Provided that this sub-section shall not apply -
(a)where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge ;
(b)where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; or
(c)where the [Governor] is satisfied that in the interest of the security of the State, it is not expedient to hold such inquiry.