Section 116 in Jammu and Kashmir Forest (Protection) Force Rules, 2012
116. Consideration of appeals.
(1)While considering the appeal, the appellate authority may, on request, grant personal hearing to the aggrieved member of the Force in case it considers it in the interest of administration and justice.(2)In the case of an appeal against an order of suspension, the appellate authority shall consider whether, in the light of the provisions of rules 72 and 73 and having regard to the circumstances of the case, the order of suspension is justified or not and confirm or revoke the order accordingly.(3)In the case of an appeal, an order imposing any of the punishments specified in rule 84 or enhancing any penalty imposed under the said rules the appellate authority shall consider(i)Whether the procedure prescribed in these rules has been complied with, and if not, whether such non-compliance has resulted in violation of any constitutional provisions or in miscarriage of justice;(ii)Whether the findings are warranted and based on evidence on record; and(iii)Whether the punishment or the enhanced punishment imposed is adequate or inadequate or severe and pass speaking orders for(a)setting aside, confirming, reducing or enhancing the punishment; or(b)remitting the case to the authority which imposed or enhanced the punishment or to any other authority with such directions as it may deem fit in the circumstances of the case:Provided that(i)no order imposing an enhanced punishment shall be passed unless the appellant is given an opportunity of making any representation which he may wish to make against such enhanced punishment; and(ii)if the enhanced punishment, which the appellate authority processes to impose, is one of the punishments specified in clauses (i) to (iv) of rule 84 (2) and the inquiry under rule 88 has not already been held in the case, the appellate authority shall, subject to the provisions of rules 88 itself hold such inquiry or direct that such inquiry be held and thereafter on a consideration of the proceedings of such inquiry pass such orders as it may deem fit.
