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State of Jammu-Kashmir - Section

Section 3 in Jammu and Kashmir Accountability Commission Rules, 2005

3. Competent Authority

— For purposes of sub-clause (iii) of clause (6) of section 2 of the Act, the competent authority shall:
(i)in the case where appropriate disciplinary action is recommended by the Commission, be the authority by which public functionary was appointed or which has the competence to remove such public functionary from office: Provided that in the case of public functionary who is/or was on deputation to any foreign service, the Head of the establishment in which such public functionary has been working or had worked shall be consulted if the cause of grievance or the allegation arises out of any administrative action taken by or with the approval of such public functionary during the period of his deputation or transfer to such foreign service; or
(ii)in a case where the remedial action or the redressal of the grievance is recommended by the Commission be the Head of the Department or the Head of the concerned Administrative Department in which the public functionary has been working or had worked where the cause of action arose.
Explanation. — For the purposes of these rules, 'foreign service' shall include service on deputation or transfer to another service, any local authority, any Corporation, any Government Company or any Company or Society established under law for the time being in force.