Section 116(3) in Jammu and Kashmir Forest (Protection) Force Rules, 2012
(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.
