Section 126 in The Constitution of Jammu and Kashmir
126. Dismissal, reduction or removal of persons employed in civil capacities under the State.
(1)No person who is a member of a civil service of the State or holds a civil post under the State shall be dismissed or removed by an authority subordinate to that by which he was appointed.(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.(3)If, in respect of any such person as aforesaid, a question arises whether it is reasonable to hold such inquiry as is referred to in sub-section (2), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final] [Substituted by the Constitution of Jammu and Kashmir(Sixth Amendment ) Act, 1965.].
