Section 91 in Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Rules, 2014
91. Misconduct or Complaint against the Chairperson or Member of the Committee or Board.
(1)All complaints against the Chairperson/ Member of the Committee or Member of the Board as the case may be, shall be addressed to the Member-Secretary of the Selection-cum-Oversight Committee or forwarded to the Member-Secretary by the Government.(2)The Member-Secretary shall communicate the complaints to the Chairperson and Members of the Selection-cum-Oversight Committee at the earliest and if the Chairperson and/or any Member, within a period of fifteen days, opines that there is a need to consider the complaint, the Member-Secretary shall put up the said complaint before the Selection-cum-Oversight Committee.(3)The Selection-cum-Oversight Committee shall then issue a show cause notice to the person against whom a complaint is received.(4)Where the Selection-cum-Oversight Committee does not receive a satisfactory reply to the show cause notice issued, it shall commence an inquiry into the complaint.(5)The Chairperson of the Selection-cum-Oversight Committee shall appoint one of the Members of the Selection-cum-Oversight Committee as inquiry officer to conduct an inquiry into the complaint against the Chairperson/Member of the Committee or a Member of the Board as the case may.(6)In conducting an inquiry into a complaint, the inquiry officer shall-(i)provide the concerned party(ies) an opportunity to be heard in person;(ii)complete the inquiry within a period of two months, provided that where that is not possible, for reasons to be recorded in writing, the period of inquiry shall be reviewed and may be extended by the Chairperson of the Selection-cum-Oversight Committee;(iii)prepare a report and may recommend suitable action, including issuing censure and/or termination of appointment of such Member/Chairperson:Provided that issuance of censure third time will automatically lead to termination.(7)The report of the inquiry officer appointed under sub-rule (5) along with the recommendations shall be placed before the Chairperson and Members of the Selection Committee.(8)The Member-Secretary shall provide a copy of the report of the inquiry officer to the Chairperson or Member of the Committee or a Member of the Board as the case may be, against whom the complaint is made who may make a representation against the same to the Selection-cum-Oversight Committee within a period of fifteen days from the date of receipt of the copy of the report.(9)If the Selection-cum-Oversight Committee deems it necessary, it may give an opportunity of hearing to the Chairperson or Member of the Committee or a Member of the Board against whom the complaint is made.(10)If the Selection-cum-Oversight Committee agrees with the findings of the inquiry officer, it shall make recommendations for suitable action to be taken against the Member of the Board or Chairperson or Member of the Committee as the case may be to the Government.(11)In the event of failure to arrive at a consensus within the Selection-cum-Oversight Committee on the findings of the inquiry officer, it shall forward the report of the inquiry officer along with the objections to the Government to take suitable action.
