Jammu and Kashmir Forest (Protection) Force Rules, 2012

THE JAMMU AND KASHMIR FOREST (PROTECTION) FORCE RULES, 2012 Forest Department Notification SRO 264 of 2012, dated 9th August,

2012.–– In exercise of powers conferred by section 18 of Jammu and Kashmir Forest (Protection) Force Act, 2001 and with prior consultation of Home Department, the Government hereby makes the following rules, namely :––

CHAPTER I

1. Short title and commencement. ––(1) These rules may be called the Jammu and Kashmir Forest (Protection) Force Rules, 2012.

(2) They shall come into force on the date1 of their publication in the Official Gazette.

(3) These rules shall apply to all persons who are subject to the Act.

2. Definitions.–– In these rules, unless the context otherwise requires,––

(a) “Act” means the Jammu and Kashmir Forest (Protection) Force Act, 2001 (Act No. VI of 2001) ;

(b) “Accoutrements” means articles or equipment and trappings, as approved by the Director from time to time, which are issued to members of the Force for their use while on duty or as permitted by the Director in writing ;

(c) “Appendix” means appendix annexed to these rules ;

(d) “Close arrest” means confinement of any member of the Force within the Force premises or a detachment of the Force or a post quarter guard, building or tent under charge of a Guard ;

(e) “Commission of Inquiry” means a commission prescribed over by any member of the Force not below the rank of

1. Published in the Government Gazette dated 9th August, 2012.

Inspector and constituted to investigate into any disciplinary matter or any other matter specified in rule 163 ;

(f) “Detachment” in relation to the Force, includes detachment of any part of the Force required or ordered to proceed on duty away from the headquarters ;

(g) “Directives” means directions issued by the Director generally in all matters and by any other Competent Authority in matters under his control ;

(h) “Forest Offence” means an offence punishable under this Act, *[Jammu and Kashmir Forest Act, (Samvat) 1987, Jammu and Kashmir Wildlife Protection Act, 1978] or any other Act under which forest officers are empowered to take cognizance of the offence ;

(i) “Form” means a form annexed to these rules ;

(j) “Open arrest” means arrest and confinement of any enrolled member of the Force within the precincts of any Forest Protection Force Unit ;

(k) “Schedule” means a schedule annexed to these rules ;

(1) “Section” means a section of the Act ;

(m) “Superior Officer” means any of the officers appointed to the Force under section 4 of the Act ;

(n) All other words and expressions used but not defined herein, shall have the meaning as assigned to them in #[the Jammu and Kashmir Forest Act, (Samvat) 1987 or Jammu and Kashmir Wildlife (Protection) Act, 1978] as the case may be.

CHAPTER II ORGANISATION AND STRUCTURE OF THE FORCE * Now “Indian Forest Act, 1927, Wild Life (Protection) Act, 1972”.

# Now “the Indian Forest Act, 1927 or Wild Life Protection Act, 1972”.

3. Office and designation of superior officers and enrolled members of the Force.–– The superior officers and enrolled members of the Force holding office as specified in Schedule-I shall be known by designations as specified in the Schedule.

4. Organisational set up at the Headquarters of the Director.–– The command, supervision and administration of the Force is vested in the Director who shall be assisted by such superior officers at his headquarters as may be appointed for the purpose. The Headquarters of the Director shall be at Jammu and Srinagar during winter and summer coinciding with the movement of the Government.

5. Organisational set up at Zonal level of Jammu and Kashmir. ––

(1) For the purposes of the Act, a unit of Force (hereinafter referred to as “Delta Force”) shall be distributed over each of the two provinces of the *State.

(2) The head of the Delta Force at province level shall be the Joint Director and entire unit of Delta Force shall be under his command, supervision and administration.

(3) A Joint Director shall be assisted at his headquarter by such number of superior officers and enrolled members of the Force as may be appointed by the Director.

(4) The Headquarters of the Joint Director, Jammu and the Joint Director, Kashmir shall be located at Jammu and Srinagar respectively.

6. Organisational set up at Division level. ––(1) The Force in each zone shall be further distributed over divisions, hereinafter referred to as “Gamma Unit”.

(2) Each Gamma Unit shall be headed by Deputy Director and shall be assisted by such number of other superior officers and enrolled members of the Force as may be appointed from time to time by the Director.

(3) For operational purpose, a division may be divided into further smaller sub-units each under the charge of an officer not below the rank of * Now “Union territory of Jammu and Kashmir”.

an Inspector who may be assisted by such number of enrolled members of the Force as may be determined from time to time by the Deputy Director.

(4) The strength, composition and territorial jurisdiction of Gamma Unit shall be such as may be determined by the Directives.

DIRECTION, CONTROL, POWER AND RESPONSIBILITIES

7. Superintendence of the Force.–– The superintendence of the Force shall vest in the *[State Government] and it may issue such directions as it considers necessary consistent with the provisions of the Act and these rules.

8. Command and supervision at the #[State level]. ––(1) Subject to the provision of rule 7, the command, supervision and administration of the Force at the #[State level] shall vest in the Director who shall be responsible for the efficient functioning and management of the Force in accordance with the provisions of the Act and these rules.

(2) The Director shall take all possible steps for the co-ordinated and integrated growth of infra-structural facilities for the development and well being of the Force.

(3) The Director shall scrutinize the various proposals in the budget estimates of the Force, as submitted by the Joint Director before submitting it to the Government and make his own assessment and recommendations in respect of allotment of funds and issue such directions in this behalf to Joint Director concerned as he may consider necessary.

(4) The Director shall advise the *[State Government] in all matters relating to the service conditions of the members of the Force and exercise disciplinary control over them.

(5) All references relating to the Force to the *[State Government] shall be received and be processed through the Director and all orders of the *[State Government] in connection with the Force shall also be issued through him.

* Now “Government of Union territory of Jammu and Kashmir”.

# Now “UT level”.

(6) The administration of the Force including the Forest Protection Force establishments shall be carried out by the Joint Director under the directions of the Director who shall be the principal controller and chief coordinator.

9. Command and supervision at the Zonal level. ––(1) Subject to any directives issued by the Director, the Joint Director concerned shall carry out the administration of the Force at the Zonal level.

(2) The Joint Director shall maintain the Force under his command in a state of high alert efficiency, training, discipline and morale and shall take all such steps as may be necessary, from time to time including inspections, supervision of cases, examination of records, calling for reports and issuing of necessary instructions to the superior officers and enrolled members of the Force under his command.

(3) The Joint Director shall ensure that all instructions and directions issued by the Director in accordance with the provisions of the Act and rules are followed and complied with by all superior officers and enrolled members under his command.

10. Command, supervision etc. at Divisional level. ––(1) The Deputy Director shall be the executive head of the Gamma Unit.

(2) The Deputy Director shall maintain his unit under command in state of high alert efficiency, discipline and morale and shall take all such steps, as may be necessary from time to time for day-to-day command and supervision of the Force.

(3) The Deputy Director shall ensure that all instructions and directions issued by the Director and the Joint Director are followed and complied with by all superior officers and enrolled members under his command.

11. Command (General). ––(1) An officer of the Force appointed to command shall have full power and control over all officers placed under his command.

(2) In the contingency of an officer being incapable to exercise control, due to any reason, whatsoever the command shall––

(i) immediately devolve on the second-in-command, if one has been so appointed; or on the senior-most officer next to him and in such case the information shall be given to all superior officers without any delay ;

(ii) the Director on the receipt of such information and the Joint Director and the Deputy Director in consultation with the Director shall appoint the officer to replace the officer who has become incapacitated.

12. General powers and responsibilities of superior officers.–– The superior officers of the Force shall exercise such administrative and disciplinary powers over the members of the Force placed under their command as are specified in Schedules-II and III and such other powers as are conferred on them by any other rules relating to such servants and discharge of such responsibilities as are specified in these rules or may be specified in any directions issued by the *[State Government] or the Director in this behalf.

13. Responsibilities of the Director. ––(1) Responsibilities of the Director connected with protection and security of forest property.–– The Director shall––

(i) be responsible for the protection and security to forest property generally ;

(ii) advise the *[State Government] and the Zonal FPF administration on all matters connected with protection and security of the forest property and deal with all references received from *[State Government] or other sister organisations associated with forestry and environment ;

(iii) compile a monthly review on the performance of the Force in regard to its statutory duties and functions ; and

(iv) take all such measures as may be necessary or incidental to the discharge of his duties under the Act and the rules.

* Now “Government of UT of Jammu and Kashmir”.

(2) The Director shall take all such steps as may be necessary for effectively discharging his responsibilities referred to in sub-rule (1) including steps by way of tours and inspections, supervision of court proceedings, examination of records, calling for reports and issuing of instructions and directions and holding periodical conferences and coordination meetings with the senior officers of Forest and Environment, civil administration, police and of the Force.

14. Administrative Powers of the Director.–– General.–– The Director shall––

(i) exercise all executive and administrative powers in relation to the Force and its development ;

(ii) arrange recruitment of members of the Force against such posts in the Force which are reserved for being filled up by direct recruitment and pass orders for promotions of all ranks up to the rank of Inspector and approve proposals put up by the Joint Directors for the promotion up to the rank of Guard ;

(iii) order posting, transfer and training of all superior officers and enrolled members of the Force as laid down in Schedule- II ;

(iv) select superior officers and enrolled members of the Force for specialised or advance courses ;

(v) compile on an all State basis, a seniority list of all enrolled, non-enrolled members and superior officers and maintain it up-to-date at his headquarters ;

(vi) correspond with the *[State Government] and other Government organisations for securing deputation of officers for appointment as senior officers of the Force.

15. Powers of the Director to issue “Directives”.–– The Director may from time to time issue such directions in the form of Directives relating to the enforcement and furtherance of the provisions of the Act and these * Now “Government of UT of Jammu and Kashmir”.

rules, as he may think necessary. Such “Directives” shall apply to all the superior officers and enrolled members of the Force.

16. Powers of other superior officers to issue orders.–– The Joint Director and Deputy Directors shall in conformity with the provisions of the Act, the rules, the Directives and instructions of superior officers, issue general or special orders to other superior officers and enrolled members of the Force under their command for strict compliance.

17. Superior officers to exercise all those powers which can be exercised by their subordinates. ––(1) A superior officer may exercise all or any such power or perform all or any such duty as is assigned by the Act or the rules or by Directives to any member subordinate to him.

(2) In case, any duty is imposed on such subordinate officer, a superior officer may add, supplement, supersede or curtail action of such subordinate officer by his own order through any person lawfully acting under his command or authority whenever the same shall appear necessary or expedient for giving a more complete or convenient effect to the law for avoiding any infringement thereof.

18. Powers and functions of Staff Officer to Director. ––(1) There shall be a Staff Officer-cum-Deputy Director Flying Squad one each at Jammu and Srinagar Headquarter.

(2) The Staff Officer to Director shall assist the Director in looking after all the matters connected with administration of the Force and shall attend to such other duties as may be entrusted to him by the Director.

(3) They may look after administration, planning and development and welfare and service and other matters as assigned by the Director.

19. Powers and functions of Joint Director.–– Joint Director shall be the head of the Force at the Zonal level and shall exercise––

(1) subject to the provisions contained in the Act, rules and directives, administrative, executive and operational control of the Force placed under his command ;

(2) he shall be responsible for promoting better protection of forest property under his jurisdiction and deal with all matters connected therewith and perform, inter alia, the following functions :––

(i) Superintend all matters related to prevention, detection, registration, investigation and prosecution of forest offences within his jurisdiction ;

(ii) Maintain close liaison at Zonal level on behalf of the Force with sister organisations of forest and environment, police and civil administration etc. ;

(iii) Deal with all establishment and welfare matters pertaining to the Force and shall also keep the Force at high level of efficiency particularly through effective personnel and financial management and inspection of Force under his control ;

(iv) Watch and monitor the progress of disciplinary action recommended by the superior officers of the Force against the delinquent officials of sister departments of Forest, Wildlife and Soil Conservation.

20. Powers and functions of Deputy Director Headquarter to Delta Force. ––(1) He shall assist the Joint Director in looking after all the matters connected with administration of the Force and shall attend to such other duties as may be assigned to him by Joint Director.

(2) He shall look after administration, planning and development, welfare and service and special assignments as assigned by the Joint Director.

21. Powers and responsibilities of Deputy Director.–– The Deputy Director shall be head of the Force of Gamma Unit and shall be responsible for––

(1) internal administration, economy, efficiency, morale, discipline, training and welfare of the members of the Force placed under his command ;

(2) safety and security of arms and ammunition and ensuring their proper maintenance, repairs and cleaning thereof ;

(3) correct and proper maintenance of clothing, uniform and other stores of the Gamma Units ;

(4) to systematically study and draw plans for protection of forest property ;

(5) making physical check of all inventories at least once in a year ;

(6) when at Headquarters he shall attend morning parades and hold orderly rooms, at least once in a week and meet his men as stipulated in rules once in a month ;

(7) he shall exercise powers as laid down in Schedules-II and III and under other Acts in force as are applicable to him and be guided by such instructions as may be issued from time to time and submit such returns and reports as may be prescribed by concerned Joint Director or the Director ;

(8) he shall maintain a close liaison with his counterparts in Forest, Police and Civil Administration for taking effective measures for better protection and safety of forest property and matters connected therewith.

22. Powers and responsibilities of Assistant Director.–– The Assistant Director shall assist the Deputy Director and shall exercise the following powers :––

(1) He shall exercise powers as laid down in Schedule-III of the rules ;

(2) He shall regularly attend parades and make kit inspection of his unit regularly ;

(3) He shall ensure effective and result oriented deployment of Force placed under his command ;

(4) He shall submit to his superior officer such reports and returns as may be called for including the reports on monthly performance of his units ;

(5) He shall, with the help of members placed under his command, carry out patrolling in vulnerable areas identified with the help of the territorial staff ;

(6) He shall be responsible for informing the territorial staff not below the rank of Range Officer for the purpose of section 9

(e) of the Act ;

(7) As Assistant Director, Headquarter, he shall be the overall incharge of cleanliness, upkeep and discipline inside the Gamma Unit Complex. He shall maintain a “Roznamcha” in the control room wherein the details regarding manpower present at a particular point of time in the complex with their distribution of duties, details of manpower deployed on the field duties viz., patrolling, special nakas, investigation related duties, other Government duties, manpower on leave etc. shall be maintained on daily basis ;

(8) He shall perform any other functions assigned to him by his superior officer under these rules.

23. General powers and duties of enrolled members of the Force.–– The primary duties of enrolled members of the Force shall be––

(1) to protect and safeguard forest property and to combat crime against it ;

(2) to do any other act conductive to better protection and security of forest property ;

(3) to carry out various duties while inside the Gamma Unit Complex viz., ensuring cleanliness, upkeep and proper maintenance of their places of accommodation, clothing, equipments issued to them, upkeep and cleanliness of complex, participation in drills/parades, games, shramdans etc. ;

(4) To perform any other assignment as may be entrusted to Force by his superior officers from time to time in the interest of Government work.

24. The other functions of members of the Force shall be,––

(1) To assist, on requisition of a Forest Officer, or an officer of the Soil Conservation or Wildlife Department having territorial jurisdiction when such requisition is for protection of forest property ;

(2) To identify the vulnerable areas that have potentials for the commission of forest related offences, either static or in transit or mobile and take the remedial measures to protect the forests and forest property ;

(3) To reduce the opportunities of offences against forest property through surprise preventive checks or other appropriate measures like detailing of patrols, posting of guards and pickets at vulnerable areas, combing of forest areas wherein apprehension of any forest damage exists ;

(4) To aid, cooperate and coordinate the measures of other organisation of Forest and Environment or other authorities in implementing other appropriate measures for ensuring prevention of crime against the forest property and providing for its better security ;

(5) To interpose at any time or place for preventing any attempt to steal, misuse, damage or tamper with the forest property or to convert it into private use without lawful authority and to initiate action against offenders ;

(6) To detect, register and take up investigation of offences under the Jarnmu and Kashmir Forest (Protection) Force Act, 2001, Jammu and Kashmir Forest Act, Samvat 1987 and Jammu and Kashmir Wildlife (Protection) Act, 1978 and under other Acts under which forest officers are empowered to take cognizance of the offences and apprehend the offenders and all other persons and against whom sufficient grounds exist and to remain associated in subsequent legal proceedings in courts connected therewith ;

(7) To gather intelligence relating to the commission of forest offences ;

(8) To aid any other member of the Force when called upon by such other member or in the case of need in the discharge of the duty of such other member, in such ways as would be lawful and reasonable on the part of the member thus aided ;

(9) To use his best endeavours to prevent any loss or damage by fire to forest property ;

(10) To promptly obey and execute all lawful orders issued to him by any superior officer of the Force and to discharge such other duties as are imposed upon him by section 9 of Jammu and Kashmir Forest (Protection) Force Act, 2001 ;

(11) To take charge of all unclaimed or ownerless forest property and to prepare an inventory therefor and to furnish it to his superior officers/ authorized forest officer. Such inventory shall if possible, be prepared by the member when he take over charge of such property in the presence of two respectable persons of the locality if available and willing to assist and if not available or not willing to assist, a memorandum to that effect may be prepared and kept on record.

CHAPTER III TRAINING, CAREER PLANNING AND ALLOWANCES

25. Recruitment and appointment. ––(1) Direct recruitment to the Force shall be made at the levels of Assistant Directors, Inspectors, Guards, different categories of Class-IV Employees, Computer Operators, Junior Assistants, Drivers etc. in particular proportion whereas all other posts shall be filled in by promotion from amongst the eligible members of the Force or by deputation in accordance with recruitment rules of the Force.

(2) The Staff Officer to the Director shall work out each year the number of vacancies in each rank and shall inform the Director who shall take steps to fill them in accordance with these rules.

26. Execution of agreement.–– Every person shall,––

(1) at the time of his joining the initial training course, execute an agreement in the format specified in Schedule-IV ;

(2) on appointment as a member of the Force, make solemn affirmation in the form specified in Schedule-V ;

(3) every member of the Force shall receive a certificate in the form specified in Schedule- VI, under section 5(1) of the Act.

27. Refund of cost of training.–– A person appointed as a member of the Force shall be bound to serve for a period of five years. In the event of such person resigning from service before the expiry of five years, he shall refund the cost of training as assessed by the Director proportionately.

28. Initial training of direct recruits. ––(1) Every person on entering service as direct recruit in any rank shall undergo an initial training course for the efficient performance of his duties. Whereafter shall remain on probation for a period of two years, which may be extended by the Director from time to time but not exceeding one year.

(2) Officers coming on deputation to the Force for field postings shall undergo an orientation course as may be specified by the Government from time to time.

29. Standard of training and syllabus. ––(1) The Government shall specify the standard of training and syllabus for different ranks as well as refresher, orientation, promotional special and other in-service courses and fix the duration of training for such courses.

(2) The Government shall prescribe the syllabus for basic training of all direct recruits.

30. Regulation of training period.–– The period of training including in-service courses shall be treated as duty for all purposes.

31. Promotion courses. ––(1) Enrolled members of the Force on being regularly selected for promotion shall undergo a special course (hereinafter referred to as prepromotion course) at any training institution for a duration that may be fixed by the Government.

(2) Passing of prepromotional course shall be essential for regular promotion which will take effect from the date on which such enrolled member of the Force reports for duty against a clear vacancy after passing the said course.

32. Disciplinary control. ––(1) The staff and trainees at any training institution of the Force, shall, so long as they are at such institution or undergoing practical training at some other place, be under the disciplinary control of the Principal of that training institution.

(2) A direct recruit selected for being appointed as enrolled member, till such time he is not formally appointed to the Force, is liable to be discharged at any stage if the appointing authority for reasons to be recorded in writing, deems it fit to do so in the interest of the Force.

33. Provident fund, gratuity, pension, medical facilities etc. ––(1) In matters relating to provident fund, gratuity, pension, medical facilities, educational assistance, travelling and transfer allowances and other financial matters, the provisions of Jammu and Kashmir Civil Service Regulations and notifications issued by the Government (Finance Department) from time to time in this behalf shall govern superior officers and enrolled members of the Force.

(2) To enable the Force to efficiently discharge its function the *[State Government] may also provide for payment of such other special allowances and prerequisites, as it considers appropriate.

Members of the Force shall be eligible for 2.5 days salary, ration money allowance, risk allowance, kit maintenance allowance etc. as per norms and conditions applicable to the personnel of Jammu and Kashmir Police.

* Now “Government of UT of Jammu and Kashmir”.

CHAPTER IV DISTRIBUTION AND TRANSFER OF MEMBERS OF THE FORCE

34. Distribution. ––(1) Superior officers of the Force shall be posted anywhere in the State in such a manner as may be considered necessary in public interest by the competent authority specified in Schedule-II.

(2) On completion of successful training, enrolled members of Force shall be distributed by the competent authority between the two zones in such manner as may be considered necessary in the public interest.

(3) Notwithstanding the zone or district of initial recruitment, all enrolled members of the Force shall be liable to serve in any specific zone or district and may be posted anywhere in the State as a matter of routine transfer.

(4) The minimum tenure at a particular place of posting would ordinarily be two years but in the exigency of Government work or for administrative reasons or for any such other reasons to safeguard the Government interest, transfers can be affected by the competent authority at any time in public interest.

(5) All inter-zonal transfers of the members of the Force up to the rank of Assistant Director shall be ordered by the Director and inter Gamma Unit transfers of all enrolled members by Joint Directors within their zones subject to prior approval of the Director.

(6) The transfer and postings of FPF members shall be ordered as far as possible on rotation so as to provide equal opportunities to every body to handle various assignments and to work in different topographic/ climatic conditions.

35. General principles of effecting periodical transfer. ––(1) Ordinarily, no member of the Force shall be transferred from one unit or place to another unless he has been at that unit or place for the normal prescribed tenure nor he shall be allowed to remain at that unit or place for more than prescribed tenure thereafter ordinarily.

(2) Members of the Force who have been transferred out of a particular place or unit on complaint of corruption or misconduct shall not be posted back to that unit or place or division on request.

(3) Members of the Force who have got adverse entries or enjoy poor reputation shall not be posted to sensitive posts till they get good entries for three consecutive years.

(4) Any member of the force facing departmental proceedings and who is due for periodical transfer on completion of normal tenure may not ordinarily be transferred unless such transfer is in public interest or where such transfer is in the interest of expeditious finalization of disciplinary proceedings.

(5) If a member of the Force under order of transfer applies for leave, it shall not be granted to him without prior permission of the transferring authority :

Provided that where a transferred member is hospitalised as an indoor patient, he may be allowed leave under intimation to the transferring authority.

CHAPTER V INTERNAL MANAGEMENT AND CONDITIONS OF SERVICE, SENIORITY

36. Seniority in initial grade. ––(1) Inter-se-seniority among the incumbents of posts in a rank shall be determined on the basis of continuous regular appointment in that rank after completion of initial and practical training, if any, and the grant of pay higher than initial pay shall not confer any special right of seniority.

(2) When in exigencies of service, the training period of enrolled members of the Force who are direct recruits is curtailed or extended, the date of joining the post (hereinafter in this Chapter referred to as working post) in case of such direct recruits shall be the date when they would normally have come to the working post after completion of prescribed period of training.

37. Seniority of superior officers. ––(1) In a particular rank,––

(i) a superior officer appointed in a substantive capacity shall be senior to an officer appointed in an officiating capacity ;

(ii) seniority of superior officers appointed to any post in a substantive capacity shall be determined in accordance with the date of appointment to that post in a substantive capacity and where two or more officers are appointed to a post in a substantive capacity on the same date, their seniority shall be determined in accordance with their order of selection for appointment to that post ;

(iii) seniority of officers appointed to any post in an officiating capacity shall be determined in accordance with the order of selection for appointment to that post ;

(iv) officers appointed on promotion as Assistant Director against the quota of vacancies reserved for them shall be placed below or above a particular batch of direct recruits accordingly as their dates of appointment in time scale are earlier or later than the earliest date on which any one of the direct recruits in a particular batch joined service.

(2) Subject to the provisions of sub-rule (1 ), inter-se-seniority amongst officers holding the same rank shall be as follows, namely :––

(i) Seniority of officers promoted on the same day shall be determined in the order in which they are selected for promotion to that rank ;

(ii) Seniority of direct recruits shall be the same as the rank determined by the Jammu and Kashmir Public Service Commission.

38. Seniority of directly recruited candidates (enrolled members).–– The seniority of enrolled candidates directly recruited shall be determined as under :––

(1) Candidates who are sent for initial training to a training school shall rank in seniority in the relevant grade, according to the order of merit obtained at the examination held at the end of training period before being posted against working posts and those who pass examination in the second attempt shall rank junior to those who passed in the first attempt but shall rank senior to those who pass in the next or subsequent batches and where candidates secure equal marks, the seniority shall be determined by the date of birth the elder candidate being senior ;

(2) In case of candidate who are not required to undergo any training the seniority shall be determined on the basis of their order of selection ;

(3) When two are more candidate are of equal merit at one and the same examination or selection, their relative seniority shall be determined by the date of birth the elder candidate being the senior ;

(4) When a candidate whose seniority has been fixed under the above rules cannot join duty within three months from the receipt of order of appointment, his seniority among the candidates selected at the same examination or selection shall be reckoned from a date to be determined by the appointing authority ;

(5) Candidates selected for appointment at an earlier selection shall be senior to those selected later irrespective of the date of joining.

39. Seniority of departmental promotees.–– The seniority of promotees shall be determined according to the position assigned to them in the select panel by the Departmental Promotion Committee. Those who fail to qualify in the initial or prepromotion training course and qualify in the second attempt shall be placed below all those who had qualified in the first attempt in order of their names on the select panel.

40. lnter-se-seniority of direct recruits and promotees. ––(1) Interse-seniority in posts of enrolled members of the Force filled up partly by direct recruitment and partly by promotion shall be so determined as not to disturb the inter-se-seniority of direct recruits and promotees. Criterion for determination of such seniority shall be the date of promotion in the case of promotees and the date of joining the working post in the case of direct recruits. When the dates of entry into a grade of promoted enrolled member of the Force and a direct recruit are the same, they shall be given alternative positions starting with promotees, e.g. I, Promotee, II-Direct recruit, III- Promotee, IV-Direct recruit and so on. This rule shall apply to recruitment’s both in initial and intermediate grades.

(2) In combined seniority list of candidates qualifying in the second attempt, the promotee shall maintain their seniority according to the panel position and direct recruits according to merit position and they shall be placed in the seniority list alternatively as provided in sub-rule (1).

(3) Inter-se-seniority of enrolled members especially promoted without their appearing for the normal selection and without undergoing prescribed initial or prepromotion training for such ranks shall be determined in the order of seniority in their previous ranks. While fixing their seniority vis-a- vis directly recruited enrolled members and promotees, such especially promoted enrolled members shall be placed below all of them including those who passed initial or prepromotion training at the second attempt.

41. Determination of seniority on inter-zonal transfer. ––(1) When transfer is ordered in the interest of administration-Seniority of an enrolled member of the Force on transfer from one zone to another in the interest of administration shall be regulated by the date of appointment to the grade or rank as the case may be, where the date of appointment of the transferred member of the Force is the same as that of another member of the Force already serving on that Zonal Forest Protection Force, the relative seniority shall be determined on the basis of the date of birth the elder being the senior.

(2) Transfer on own request or normal exchange-Seniority of an enrolled member of the Force transferred on his own request or on mutual exchange from one zone to another shall be fixed below that of all existing confirmed and officiating enrolled members of the Force in the relevant rank of that Forest Protection Force irrespective of the date of confirmation or length of officiating service of the transferred member of the Force.

42. Effect of reduction in rank, grade or pay on seniority.––(1) Reduction, in a scale of pay, as distinct from reduction from a higher rank or grade, shall not effect the position of a member of the Force on the seniority list.

(2) In the case of reduction to a lower rank or to a lower scale of pay––

(i) If a member of the Force is punished with reduction to a lower scale of pay for a specified period, his seniority and pay shall be restored as soon as the period of punishment is over ;

(ii) If the member of the Force is punished with reduction to a lower rank or grade for specified period, he shall be repromoted automatically to the rank or grade from which he was reduced. The seniority of such member of the Force shall be fixed at a position in the higher rank or grade at which it would have been but for his reduction ;

(iii) If the member of the Force has been punished by way of reduction from a higher rank or grade to a lower rank or grade, his seniority in the lower rank or grade shall be fixed with reference to his position to which he would have been entitled but for his promotion to the higher rank or grade from which he was reduced.

43. Miscellaneous provision governing seniority.–– All other cases of seniority, not specifically covered in the above provisions, shall be decided––

(1) in the case of superior officers by the *[State Government];

(2) in the case of enrolled member of the Force by the appointing authority in accordance with the Directives.

44. Representation against assignment of seniority.–– A member of the Force may represent to the appointing authority about his seniority within the prescribed period from the date of publication of the seniority list.

* Now “Government of UT of Jammu and Kashmir”.

LEAVE

45. Quantum of leave.–– Same as herein provided-Leave of superior officers and enrolled members of the Force shall be governed by Jammu and Kashmir Civil Services (Leave) Rules, 1979. Those who are on deputation to the Force shall be governed by the leave rules applicable to them as if they were not on deputation to the Force or by the terms of their appointment.

46. General conditions governing grant of leave. ––(1) AII members of the Force including the officers shall compulsorily reside at the station to which they are posted.

(2) The powers of superior officers and subordinate officers of the Force in respect of grant of leave shall be as specified in Schedule-II.

(3) Leave of every description may be sanctioned, refused or revoked subject to exigencies of public service.

(4) No member of the Force shall leave his station on any holiday without the specific permission of the authority empowered to grant him casual leave/ station leave.

(5) A member of the Force before proceeding on leave shall notify his leave address to the office so that orders of recall or other communication may reach him with certainty and in time Telephone Number, wherever available, may also be given.

(6) Leave Certificate-A leave certificate in the prescribed form shall be issued to every enrolled member of the Force proceeding on leave other than casual leave and such certificate shall be presented by the member personally on his rejoining from leave to the officer incharge of the place at which he rejoins, who shall endorse on the certificate the hour and date of rejoining and forward the same to the office where his leave account is maintained.

(7) Recall from the leave-The members of the Force on leave may be––

(i) recalled at any time by the authority empowered to sanction their leave ;

(ii) directed to report for duty either at their headquarters or to proceed direct to the place at which their services are required.

(8) Return to duty from leave.–– No member of the Force who has been granted leave on medical certificate can resume duty without first producing medical certificate of fitness. The authority competent to sanction leave may require a similar certificate in the case of any member of the Force who has been granted leave on the grounds of ill health even though such leave was not actually granted on medical grounds.

47. Restriction on grant of leave. ––(1) Whenever mobilization of the Force is likely or is in force or a member of the Force is detailed or is likely to be detailed for training of any type, leave of any kind including casual leave shall not ordinarily be sanctioned except on emergent and compassionate grounds.

(2) Leave shall not be granted to a member of the Force whose conduct is under inquiry except when it is required for hospitalization purpose or in extreme emergent cases.

(3) Similarly, leave shall not be granted to a member of the Force who is under orders of transfer unless he is admitted as an indoor patient in a Government hospital :

Provided that if such member has been admitted to a Government hospital as indoor patient, such member shall report the matter forthwith to his controlling authority and shall not leave his headquarters without obtaining prior sanction of that authority.

48. Joining time.–– An officer transferred from one post to another on returning from leave may be allowed joining time under the conditions laid down in Chapter IX of the Jammu and Kashmir Civil Services Regulations Vol.-I, and will be considered as being on duty during that period.

49. Deposit of Government property.–– Every officer before proceeding on leave shall deposit all Government property in his possession or custody either at his unit or with the officer responsible under rules for the custody of such property in store.

50. Performance appraisal. ––(1) General-The performance appraisal system shall be as follows, namely :––

(i) A continuous performance appraisal which will be correctional and developmental in its impact ; and

(ii) The annual performance appraisal which will be for organizational purposes including those connected with training, confirmation, placement and promotion.

(2) The said appraisal system shall apply to all ranks.

(3) For the purposes of continuous performance appraisal, every subordinate and superior officer shall maintain a record (hereinafter referred to in this Chapter as Critical Incidents Record) for each of his subordinates especially entrusted to him by the controlling authority for this purpose.

He will record therein instances of good and bad work, coming to his notice, of his subordinates besides making annual rating of their overall performances.

(4) Every subordinate and superior officer referred to in subrule (3) shall hold, as far as may be possible, a counselling session for the members of the Force for whom he is maintaining the Critical Incidents Record. A record of such counselling shall also be maintained. The counselling will be aimed at encouragement of a positive behaviour of member concerned or for correcting his behaviour in the light of his performance rating. All officers of the Force during their periodical inspections may also record their assessment in the Critical Incidents Record and, if necessary, suitably counsel the member concerned.

51. Annual Performance Appraisal. ––(1) Annual performance appraisal by any reporting superior officer for writing the confidential reports mentioned may not be done without having conducted at least one inspection of the work of the subordinate or unless the subordinate is one with whom such superior officer is interacting frequently.

(2) For the purposes of sub-rule (1) the proximity between the appraise and his reporting superior officer shall be maintained at all levels.

Such an appraisal shall be made by superior officer only so as to ensure that the appraisal is professional, objective and presents the truest possible picture of the appraisee with regard to all aspects of his work.

52. Service Books.–– Service Book of every member of the Force holding a substantive appointment on a permanent establishment shall be maintained as per Chapter XXI of Jammu and Kashmir Civil Service Regulation.

53. Personal files. ––(1) The Office of the Director, Joint Director and Deputy Director shall maintain personal files of each official placed directly under their command.

(2) The personal file shall contain such documents as may be specified in the directives.

54. Redressal of grievances through outside influence.–– Members of the Force are forbidden to approach officials of other departments, members of the Legislatures or private persons/political people to support or press individual claims or obtain redressal of their grievances. All members of the Force are similarly forbidden to approach members of Parliament or State Legislatures with a view to have their individual grievances made the subject of interpellation in the Legislatures/Parliament.

55. Redressal of grievances through litigation.–– Any member of the Force seeking redressal of his individual grievances arising out of his employment or conditions or service first avail himself of all remedies available to him under service rules as to redressal of grievances before taking the issue to a Court of Justice. No permission from the department shall, however, be necessary, if a member wants to agitate the matter before Court of Justice.

56. Other conditions of service.–– In all other matters not prescribed in these rules, all members of the Force, irrespective of their ranks shall be governed by the provisions contained in the extant Jammu and Kashmir Civil Services Regulations and other rules as applicable to Government servants of corresponding grades.

CHAPTER VI ENCAMPMENT AND ACCOMMODATION

57. Residential accommodation. ––(1) AII members of the Force in a Gamma Unit up to the rank of Deputy Director shall be required to stay in the FPF accommodation provided to them at their place of duty. The barrack accommodation shall be rent free.

(2) Ministerial Staff of the Force shall be required to live as near the place of their duty as possible at the place of posting for the proper discharge of their duty in case departmental accommodation is not made available to them at their place of posting.

(3) Enrolled members of the Force, who have either been accommodated in barracks or given family accommodation or who has been offered any such accommodation but wish to stay outside under their private arrangements, shall obtain written permission from their superior officer not below the rank of Deputy Director. Similarly written permission shall also be required to leave the Gamma Unit complex on out station leave encompassing night stay outside.

(4) Enrolled members of the Force accommodated in barracks but keeping their families away from them in other towns shall be entitled to the payment of house rent allowance as may be admissible to other State Government employees.

58. Location of barracks and other accommodation. ––(1) The location of barracks and other residential accommodation for the enrolled members of the Force shall be as specified in the directives.

(2) The barracks shall be of approved pattern with built-in-space for recreation purposes besides having adequate open space for use as parade and playground.

59. Maintenance and vacation of residential accommodation. ––

(1) If any residential accommodation is allotted to a member of the Force, he shall reside therein subject to such conditions and terms as may be specified in the directives.

(2) It shall be a condition of his service that he shall vacate the accommodation within one month on his ceasing to be a member of the Force or on his transfer from that place or whenever an officer not below the rank of Deputy Director, for reasons to be recorded in writing, finds it necessary and expedient for him to do so.

(3) If any enrolled member of the Force who is required under subrule (2) to vacate any premises fails to do so, such superior officer may after giving him an opportunity of being heard, direct any officer subordinate to him, with such assistance as may be necessary to enter upon and open the premises and remove therefrom any person in occupation and to take possession of the premises and deliver the same to the allottee specified in the order.

(4) An inventory of all articles found in the premises shall be prepared and signed by such officer and the articles recovered kept in safe custody in the stores of Forest Protection Force or handed over to the person entitled under proper receipt.

CHAPTER VII UNIFORM AND EQUIPMENT

60. General instructions. ––(1) The Director may, by order, specify from time to time dress and pattern of various types of dresses for members of the Force.

(2) The badges of rank of all members of the Force holding their appointments on a regular basis shall be as specified in Schedule-VII.

(3) Provided that the appointing authority while promoting a member of the Force may, looking to the nature and duration of the appointment, allow him to wear the uniform and badges of the rank of that higher appointment.

(4) All officers are forbidden to introduce or sanction for experimental or other purposes any unauthorised deviation from the specified pattern of dress, clothing equipment and badges.

61. Uniform and plain clothes. ––(1) All members of the Force shall be in possession of uniform and shall invariably wear it as hereinafter provided except when specially deployed on plain clothes work for particular assignment.

(2) Mufti shall be worn when off-duty.

(3) No superior officer or enrolled members of the Force shall appear at any time dressed partly in uniform and partly in plain clothes while on duty.

62. Uniform when to be worn. ––(1) All superior officers and enrolled members of the Force shall wear uniform while on duty or when attending parades, orderly rooms, Courts of Justice, official functions which includes funerals or while inspecting guards or when an inspecting officer is present in office and on all other occasions when required to do so. Official uniform or any of its items shall not be worn when off-duty :

Provided that there may not be any objection to its use in departmental cultural shows.

(2) No member of the Force shall turn up for duty unless properly dressed nor he shall smoke or chew”paan” in the open when on duty in uniform.

(3) No unauthorised ornament or emblem, sign or mark shall be worn with the uniform.

(4) Watch, chains, trinkets, fountain pens, etc. shall not be worn with uniform so as to be visible. The wearing of signet ring is, however, permitted.

(5) Sun glasses shall not be worn with uniform, except under medical advice, on the following occasions :––

(i) on ceremonial parades or while on VIP duty ; and

(ii) when on quarter guard duty or inspecting a guard or attending a parade.

63. Growth and dressing of the hair. ––(1) Non-Sikh personnel–– The hair of the head shall be kept short. The chin and under lip shall be shaved daily unless permission to grow the same is taken in writing for a specified period. Whiskers and moustaches, if worn, shall be of moderate length.

(2) Sikh personnel–– Sikh personnel shall dress up their hair and beard properly. “Thathas” shall not be used over beard when in uniform.

(3) In the case of women serving in the Force, hair shall be neatly kept and make up, if used, shall be inconspicuous. Highly coloured nail varnish shall not be used.

64. Scale of uniform. ––(1) All enrolled members of the Force, including trainees, shall be furnished free of charge a set of uniform (i.e.

clothing and other necessary articles) of such description and in such quantity and composition as may be specified by Director from time to time.

(2) Superior officers of the Force shall provide themselves with all articles of uniform and accoutrements of the specified patterns and shall be paid outfit allowance as prescribed by the State Government for Police from time to time.

(3) All enrolled members of the Force serving at locations at an altitude of 1000 meters or above sea level shall be entitled to an extra issue of woollen garments.

(4) The Director in the case of members serving in Forest Protection Force will notify particular place at which such extra clothing shall be admissible. Through specific orders, such extra clothing shall be replaced on expiry of its period of serviceability as specified by the Director.

(5) An enrolled member of the Force on ceasing to be posted at a place, for which extra issue of clothing is authorized, shall deposit the same in the stores of the Forest Protection Force.

65. Replacement of uniform. ––(1) The life of each item of uniform shall be as specified by the Director through the directives.

(2) Periodical inspections of kit issued to each enrolled members of the Force shall be held by the Deputy Director or Assistant Director and articles which are no longer fit for use may be condemned and sent to stores for replacement.

(3) If life of any article has not expired, proportionate cost (listed) shall be deducted from the salary of the enrolled member concerned, provided that no deduction may be made, if the article has been rendered unserviceable owing to normal wear and tear or has been lost through no fault of the member concerned. The amount so realized shall be credited to the Government.

(4) Deposit of accoutrements-Enrolled members of the Force shall not be permitted to take accoutrements while going on leave. Accoutrements shall be deposited while proceeding on leave, for more than thirty days.

66. Disposal of uniform. ––(1) All articles of clothing and equipment issued to enrolled members of the Force shall be withdrawn from him when––

(i) he is placed under suspension ;

(ii) he is served with order of discharge ;

(iii) he is removed or dismissed from service ; or

(iv) his resignation is accepted.

(2) The Deputy Director or Assistant Director concerned shall keep articles of uniform withdrawn from an enrolled member of the Force placed under suspension in safe custody for a period of four months. If within this, period of four months the member is reinstated in service, his uniform shall be restored to him.

(3) If the enrolled member of the Force continues under suspension beyond a period of four months, the uniform withdrawn from him shall be transferred to the stores of the unit concerned and shall be restored to him at the time of his reinstatement in service.

67. Resuming of uniform articles on ceasing to be enrolled member of the Force.–– When an enrolled member of the Force ceases to belong to the Force, his kit shall be examined and serviceable articles brought on the resumed stock and subsequently reissued. When any such resumed articles is reissued, its authorised life period shall include the period for which such article has remained issued earlier :

Provided that the kit of a person, who was suffering from contagious disease, such as T.B. etc. shall be destroyed by burning in the presence of a superior officer after obtaining the orders of the Dy. Director in each case:

Provided further that items of uniform shall not be withdrawn in the case of death of enrolled member while in service.

68. Retention of articles of uniform on retirement or repatriation to parent department.–– Member of the Force on his retirement on superannuation repatriation to parent department shall be allowed to retain the uniform items to be worn only on ceremonial occasions or at the time of formally calling upon superior officer of armed forces or State Police Organizations. The facility of wearing the uniform on the above mentioned occasions shall be as per norms applicable to such persons in Police Department and may be withdrawn at any time in the public interest under the orders of the Director.

CHAPTER VIII DISCIPLINE AND CONDUCT

69. Rules governing discipline. ––(1) Save as otherwise provided in these rules, Jammu and Kashmir Civil Service (Discipline and Appeal) Rules, 1968, as amended from time to time shall so far as may be, apply to the superior officers of the Force. IFS Officers on deputation shall be governed by All India Services (Discipline and Appeal) Rules, 1965.

(2) The enrolled members of the Force shall, in such matters, be governed by the rules in this Chapter.

70. Suspension.–– The members of the Force or ministerial staff may be placed under suspension by the authorities, specified in Schedule- III.

71. Exceptional circumstances for suspension.–– In exceptional circumstances a superior officer may also place any member of the Force or ministerial staff under his command, under suspension :

Provided that where any action is taken under the foregoing proviso, the authority suspending a member of the Force shall forthwith report to the authority competent to place such member under suspension, the circumstances under which the order was made and obtain his approval and where approval is not granted, the suspension order shall become void and inoperative ab initio.

Explanation :–– For the purposes of this rule, where a member of the Force is officiating in a higher post, he shall be placed under suspension only by the authority competent to place a member of the Force holding such officiating rank under suspension.

72. Conditions for suspension.–– Any superior officer up to the rank of Assistant Director or an enrolled member of the Force or ministerial staff may be placed under suspension––

(1) where a disciplinary proceeding against him is contemplated or is pending ; or

(2) where a preliminary inquiry into allegation made has revealed a prima fade case justifying criminal or departmental proceedings which are likely to lead to his conviction or dismissal, removal or compulsory retirement from service; or where he has remained in judicial confinement for more than 48 hours on a criminal charge involving moral turpitude ;

(3) where a case against him in respect of any criminal offence is under investigation, inquiry or trail ; or

(4) where his continuance in office will prejudice any investigation, inquiry or trial ; or

(5) Where his continuance in office is likely to seriously subvert discipline in the office in which he is working ; or

(6) where his continuance in office appears to be against the wider public interest ; or

(7) where he is suspected to have engaged himself in activities prejudicial to the interest of the security of the State.

73. Public interest as deciding factor.–– Public interest shall be the guiding factor in deciding whether or not a member of the Force, even though he is on leave, should be placed under suspension :

Provided that before taking a decision on suspension, the competent authority may consider whether the purpose would be served if the member is transferred from his post or sanctioned leave :

Provided further that charge on which a member has been placed under suspension shall be furnished to him within a period of thirty days from the date of suspension after which the incumbent shall be deemed to have been reinstated if no such charge is made available to him :

Provided further that the provision of thirty days shall not apply to cases where a member has been placed under suspension on grounds that he has engaged himself in activities prejudicial to the interest and security of the State or a criminal charge involving moral turpitude is pending against him.

74. Deemed order of suspension. ––(1) Member of the Force shall be deemed to have been placed under suspension by an order of the competent authority––

(i) with effect from the date of his detention, if he is detained in custody, whether on a criminal charge or otherwise, for a period of exceeding forty-eight hours ; or

(ii) with effect from the date of his conviction, if, in the event of a conviction for an offence he is sentenced to a term of imprisonment exceeding forty-eight hours and is not dismissed or removed or compulsorily retired from service consequent to such conviction.

Explanation:–– The period of forty-eight hours referred to in clause

(ii), shall be computed from the commencement of the imprisonment after the conviction.

(2) Notwithstanding anything contained in sub-rule (1), in cases where a detention or conviction results from an act committed by a member of the Force while acting or purporting to act in the discharge of his official duty, provision of “deemed suspension” will not apply. In such a case the appointing authority shall take decision on facts of each case.

75. Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a member of the Force under suspension, is set aside in appeal or revision and the case is remitted for further inquiry or action or with any other directions, the order of his suspension shall be deemed to have continued in force on and from the date of the original order of dismissal, removal or compulsory retirement and shall remain in force until further orders.

76. Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a member of the Force is set aside or declared or rendered void in consequence of or by a decision of a court and the disciplinary authority on consideration of the circumstances of the case, decides to hold a further inquiry against him on the allegations on which the punishment of dismissal, removal or compulsory retirement was originally imposed, the member of the Force shall be deemed to have been placed under suspension by the competent authority from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders :

Provided that no such further enquiry shall be ordered unless it is intended to meet a situation where the court has passed an order purely on technical grounds without going into the merit of the case.

77. (1) Notwithstanding anything contained in rule 99 where member of the Force is suspended (whether in connection with any disciplinary proceedings or otherwise) and any other disciplinary proceeding is commenced against him during the continuance of that suspension, the authority, competent to place him under suspension may, for reasons to be recorded in writing, direct that the member of the Force shall continue to be under suspension until the termination of all or any of such proceedings.

(2) An order of suspension made or deemed to have been made may, at any time, be modified or revoked by the authority which made the order or is deemed to have made the order or by any authority to which that authority is subordinate.

78. (1) The order and the period of suspension shall be recorded in the character roll, service book and personal file of the member of the Force concerned.

(2) A member of the Force, under suspension, or deemed to have been placed under suspension, shall draw subsistence allowance and other allowances in accordance with extant Jammu and Kashmir Civil Services Regulation.

(3) When a member is reinstated after suspension, the period of suspension shall be regularized in accordance with the extant Jammu and Kashmir Civil Services Regulation.

79. Responsibilities of member of the Force during suspension. ––

(1) A member of the Force shall not, by reason of his suspension, cease to be a member of the Force during the period of his suspension. The powers vested in him as such member shall be in abeyance but he shall be subject to the same responsibilities, discipline and penalties to which he would have been subject to if he were on duty.

(2) Every member of the Force shall during the period of his suspension stay at his headquarters or at such place which may be specified by the disciplinary authority and shall present himself daily for attendance to the authority nominated by the disciplinary authority :

Provided that the disciplinary authority may, for special reasons, grant permission in writing to the member to leave the station for a specified period and on revocation of such suspension the period of such absence shall be regularized as a kind of leave due in case the period of suspension is treated as period spent on duty.

(3) An enrolled member of the Force under suspension shall deposit his arms and accoutrements with such officer as may be specified by the disciplinary authority.

(4) A member of the Force under suspension shall not wear his uniform nor shall he be employed on ground duty or on any such duty that might entail exercise of his power as a member of the Force nor shall he be issued arms and ammunition.

(5) A member of the Force under suspension shall be allowed reasonable facilities for the preparation of his defence in connection with the charges levelled against him.

80. Retirement while under suspension. ––(1) The right of voluntary retirement for a member of the Force under suspension shall be subject to the prior approval of the appointing authority.

(2) Where an enquiry is pending against a member of Force under suspension and he attains the age of superannuation and retires from service, the enquiry so pending shall continue against him as if he had not retired.

81. Rules governing conduct.–– The Jammu and Kashmir Government Employees (Conduct) Rules, 1971, as amended from time to time shall, so far as may be, apply to all members of the Force.

82. Code of behaviour for members of the Force. ––(1) All members of the Force, irrespective of their ranks, shall submit themselves to the requirement of the following code of behaviour, both on and off-duty. It shall be incumbent upon all members of the Force to respect the code of behaviour and maintain an attitude of complete discipline and obedience to it. Any breach of these provisions on the part of any member of the Force shall constitute misconduct and shall be punishable under the Civil Services (Classification, Control and Appeal) Rules, 1956, as applied to superior officers or under, The All India Services (Discipline and Appeal) Rules, 1969 for IFS Officers on deputation or as the case may be, under sections 7, 8, or section 16 of the Jammu and Kashmir Forest (Protection) Force Act, 2001.

(2) Neglect of duty–– No member of the Force without good and sufficient cause shall––

(i) neglect or omit to attend or fail to carry out with due promptitude and diligence anything which is his duty as a member of the Force to attend to or carry out ; or

(ii) fail to work his beat in accordance with orders or leave the place of duty to which has been deputed ; or

(iii) be absent without leave or be late for any duty ; or

(iv) fail to account for, or to render a prompt and true return of any money or property entrusted to him in the course of his duty.

(3) Disobedience of orders–– No member of the Force shall––

(i) disobey or omit or neglect to promptly carry out any lawful orders, written or otherwise ; or

(ii) contravene any provision of the Act, or rules or directives containing restrictions on the private lives of the members of the Force or requiring him to notify the Joint Director concerned that he, or a relation included in his family, has business interest in his jurisdiction within the meaning of these rules and directives.

(4) Discreditable conduct-No member of the Force shall act in any manner prejudicial to discipline or conduct himself in public in such a manner which is reasonably likely to bring discredit to the reputation of the Force.

(5) Misconduct towards a member of the Force-No member of the Force shall––

(i) conduct himself towards another member of the Force in oppressive or abusive manner; unbecoming of a public servant ;

(ii) assault or misbehave with such member.

(6) Falsehood or prefabrication-No Member of the Force shall––

(i) knowingly or inadvertently make any false, misleading or inaccurate oral or written statement or entry in any record or document required to be kept under the Forest (Protection) Force Act, 2001 or rules made thereunder ; or

(ii) either willfully and without proper authority or through lack of due care destroy or mutilate any record or document made, kept or required for the purpose of the Force ; or

(iii) without good and sufficient cause alter or erase or add to any entry in such a record or documents ; or

(iv) knowingly or through neglect make any false, misleading or inaccurate statement in connection with his appointment to the Force.

(7) Corrupt or improper practice-No member of the Force shall,––

(i) in his capacity as such member and without the written consent of the Joint Director concerned directly or indirectly solicit or accept any gift, present or subscription; or

(ii) place himself under a pecuniary obligation to any person in such a manner as may likely affect the proper discharge of his duties as such member; or

(iii) improperly use or attempt so to use, his position as such member for his personal gain.

(8) Abuse of authority-No member of the Force shall––

(i) without good and sufficient cause make an arrest;

(ii) use unnecessary violence towards any under trial prisoners or other persons with whom he comes into contact in the execution of his duty.

83. Offences relatable to duties of enrolled members.–– Commission of any of the following act or acts by an enrolled member of the Force :––

(1) violation of duty ;

(2) wilful breach or neglect of any provisions of this Act or any rule or directives or of any other lawful orders which he is bound to observe or obey ;

(3) disobeying lawful command of superior officers ;

(4) withdrawing from duty of his office without permission ;

(5) quitting his guard, picket, party or patrol before assigned time or without being duly relieved or without leave ;

(6) absenting himself without proper intimation to his controlling authority or without sufficient cause, overstaying leave granted to him or failing without reasonable cause to report himself for duty on the expiry of such leave ;

(7) engaging himself without authority in any employment other than his duty as an enrolled member of the Force ;

(8) being guilty of cowardice ;

(9) being in a state of intoxication while on duty or after having been alerted for any duty ;

(10) malingering or feigning illness or voluntarily causing hurt or infirmity to himself or intentionally delaying his cure or aggravating his disease or infirmity with the intention to render himself unfit for any duty or for service ;

(11) resisting his lawful arrest or being under arrest or in confinement or escaping from confinement before he is set at liberty by lawful authority ;

(12) assaulting any enrolled member of the Force subordinate to him in rank or position ;

(13) being grossly insubordinate or insolent to his higher officer or using or attempting to use criminal force against his colleague or higher officer whether on or off-duty, knowing or having reason to believe to be such subordinate ;

(14) designedly or through negligence damaging or rendering unusable tools, equipments, ammunition or accoutrements, or any such articles entrusted to him or belonging to any other member of the Force ;

(15) taking part in procession, gherao, demonstration, shouting slogans or resorting to pamphleteering or otherwise indulging in any intimidatory or coercive act or dharna, undertaking hunger strike for forcing under duress or threats any supervisory authority to concede anything or striking work ;

(16) being guilty of using insulting or threatening language to the Commission of Inquiry or causing any interruption or disturbance in the proceedings of such commission ;

(17) offering unwarrantable personal violence to any person in custody ;

(18) entering or searching without lawful authority or reasonable cause any building or place ;

(19) seizing vexatiously and unnecessarily the property of any person ;

(20) detaining, searching or arresting any person vexatiously and without reasonable suspicion or cause ;

(21) holding out any threat, inducement or promise not warranted by law ; or

(22) aiding or abetting or attempting to commit any of the offences under this Act or these rules or doing any act towards the commission of such offence ; or

(23) aiding, abetting or taking part or colliding in insurgency shall render him liable for punishment under section 7 or section 16 or both of the Act.

CHAPTER IX DISCIPLINARY AND PENAL PUNISHMENTS

84. Description of punishments. ––(1) Any of the following punishments may, for good and sufficient reasons and as hereinafter provided, be imposed on any member of the Force.

(2) Major punishments––

(i) Dismissal from service (which shall ordinarily be a disqualification for future employment under the Government) ;

(ii) Removal from service (which shall not be a disqualification for future employment under the Government) ;

(iii) Compulsory retirement from service ;

(iv) Reduction in rank or grade.

(3) Minor punishment––

(i) Reduction to a lower stage in the existing scale of pay ;

(ii) Fine not exceeding 15 days basic pay ;

(iii) Confinement to quarter-guard for a period not exceeding fifteen days with or without punishment drill, extra guard duty, fatigue duty or any other punitive duty ;

(iv) Withholding of next increment with or without corresponding postponement of subsequent increments ;

(v) Withholding of promotion for a specified period ;

(vi) Removal for any office of distinction or deprivation of any special emoluments ;

(vii) Censure ;

(viii) Reprimand.

Explanation:–– The following shall not amount to a punishment within the meaning of this rule, namely :––

(1) Withholding of increment of an enrolled member of the Force for failure to pass a departmental examination in accordance with the rules or orders governing class or grade or rank or post or as per the terms of his appointment ;

(2) Non-promotion of an enrolled member of the Force, whether in a substantive or officiating capacity, due to his failure to pass the promotion course, to a rank or grade to which he is eligible or has been empanelled ;

(3) Reversion of an enrolled member of the Force officiating in a higher rank or a grade to a lower rank or grade on the ground that he is considered to be unsuitable for such higher rank or grade on any administrative grounds not connected with his conduct ;

(4) Removal of an enrolled member of the Force appointed on probation to a permanent rank, grade or post, during or at the end of the period of probation in accordance with the terms of his appointment of the rules and orders governing probation ;

(5) Repatriation of an enrolled member of the Force to his parent cadre or department.

85. Effect of departmental punishment on prosecution Any punishment specified in rule 84 imposed on an enrolled member of the Force shall not affect his liability to prosecution and punishment under this Act or under any other law for the time being in Force.

86. Disciplinary Authority. ––(1) The disciplinary authority in respect of any enrolled member of the Force for the purpose of imposing any particular punishment or the passing of any disciplinary order shall be the authority specified in this behalf in Schedule-III in whose administrative control the member is serving and shall include any authority superior to such authority.

(2) The disciplinary authority, in the case of an enrolled member of the Force officiating in a higher rank, shall be determined with reference to the officiating post held by him at the time of taking action.

87. Authority to institute proceedings. ––(1) The Appointing Authority or any authority otherwise empowered by general or special order, may––

(i) Institute disciplinary proceedings against any enrolled member ; or

(ii) Direct a disciplinary authority to institute disciplinary proceedings against any enrolled member of the Force on whom the disciplinary authority is competent to impose, under these rules, any of the punishments specified in rule 84.

(2) A disciplinary authority competent under these rules to impose any of the minor punishments may institute disciplinary proceedings for the imposition of any of the major punishments notwithstanding that such disciplinary authority is not competent, under these rules, to impose any of the latter punishments.

88. Procedure for imposing major punishments. ––(1) No order of dismissal, removal, compulsory retirement or reduction in rank shall be passed on any member of the Force without holding an inquiry, as far as may be in the manner provided hereinafter in which he has been informed in writing of the grounds of charges on which it is proposed to take action, and has been afforded a reasonable opportunity of defending himself.

(2) (i) Whenever the disciplinary authority is of the opinion that there are grounds for inquiry into the truth of any imputation of misconduct or misbehaviour against any member of the Force, it may itself inquire into, or appoint an Inquiry Officer higher in rank to the member charged but not below the rank of Inspector.

(ii) Where the disciplinary authority itself holds the inquiry, any reference to the Inquiry Officer in the rules shall be construed as a reference to the disciplinary authority.

(3) On receipt of complaint or otherwise, the disciplinary authority on going through the facts alleged or brought out shall decide whether it is a case for major or minor punishments. No attempt shall be made to convert cases punishable under section 15 or section 16 of the Act into disciplinary cases nor divert cases in respect of which major punishments are imposable to the category of cases where minor or petty punishments are imposable.

(4) Where it is proposed to hold an inquiry against enrolled member of the Force under this rule, the disciplinary authority may order that the enrolled member shall not be transferred to any other place or given leave without its written permission till the conclusion of the disciplinary proceedings, and the disciplinary authority shall draw or cause to be drawn up––

(i) The substance of the imputations of the misconduct or misbehaviour into definite and distinct articles of charge ;

(ii) A statement of the imputation of misconduct or misbehaviour in support of each article of charge which shall contain––

(a) A statement of all relevant facts including any admission or confession made by the enrolled member of the Force ; and

(b) A list of documents by which and a list of witnesses by whom the articles of charge are proposed to be sustained.

(5) The disciplinary authority shall deliver or cause to be delivered to the delinquent member, at least seventy-two hours before the commencement of the inquiry, a copy of the articles of charge, the statement of imputations of misconduct or misbehaviour and a list of documents and witnesses by which each article of charge is proposed to be sustained and fix a date when and the place where the inquiry is to commence; subsequent dates and places being fixed by the Inquiry Officer.

(6) Where the enrolled member charged has absconded or where it is not possible to serve the documents on him in person or where he deliberately evades service, the procedure laid down in Chapter VI of [the Code of Criminal Procedure, Samvat 1989], shall be adopted by the Inquiry Officer for service of such documents and the same shall be deemed to be a conclusive proof of service.

(7) The enrolled member charged shall not be allowed to bring in a legal practitioner at the proceedings but he may be allowed to take the assistance of any other member of the force hereinafter referred to as “friend” who in the opinion of the Inquiry Officer may, at the request of the party charged, put his defence properly. Such “friend” must be a serving member of the Force, of or below the rank of Inspector for the time being posted in the same unit where the proceedings are pending and not acting as a “friend” in any other proceedings pending anywhere, such “friend” shall, however, be allowed to address the Inquiry Officer as also to cross-examine the witnesses produced against the delinquent officer only on the charges framed against him.

(8) If the enrolled member charged fails to turn up on the day fixed for the start of inquiry and no reasonable excuse is offered for not being present on the fixed time and place, the Inquiry Officer may commence the inquiry ex-parte.

(9) At the commencement of the inquiry, the party charged shall be asked to enter a plea of “guilty” or “not guilty” after which evidence necessary to establish the charge shall be let in. The evidence shall be confined to the charge and may either be oral or documentary, and if oral––

(i) It shall be direct ;

(ii) It shall be recorded by the Inquiry Officer in the presence of the party charged; and the party charged shall be allowed to cross-examine the witness, if “friend” is absent.

(10) If the witnesses are Government officers of a rank superior to the party charged, the Inquiry Officer may, at the request of the party charged, put the questions to such officer.

* Now “the Bharatiya Nagarik Suraksha Sanhita, 2023”.

(11) All evidences shall be recorded, in the presence of the party charged by the Inquiry Officer himself or on his dictation by a scribe. Crossexamination by the party charged or the fact of his declining to crossexamine the witness, as the case may be, shall also be recorded. The statement of each witness shall be read over to him and explained, if necessary, in the language of the witness, whose signature shall be obtained as a token of his having understood the contents. The Inquiry Officer shall also sign statement and the party charged. Copy of each statement shall be given to the party charged who shall acknowledge receipt on the statement of witness itself. The Inquiry Officer shall record a certificate of having read over the statement to witness in the presence of the party charged.

(12) Documentary exhibits, if any, are to be numbered while being presented by the concerned witness and reference of the number shall be noted in the statement of the witness. Such documents may be admitted in evidence as exhibits without being formally proved unless the party charged does not admit the genuineness of such a document and wishes to crossexamine the witness who is purported to have signed it. Copies of the exhibits may be given to the party charged on demand except in the case of voluminous documents, where the party charged may be allowed to inspect the same in the presence of the Inquiry Officer and take notes.

(13) Unless specifically mentioned in these rules, the provisions of *[the Code of Criminal Procedure, Samvat 1989, and Evidence Act, Samvat 1977], shall not apply to the departmental proceedings under these rules.

(14) The party charged shall then be examined and his statement recorded by the Inquiry Officer. If the party charged has pleaded guilty and does not challenge the evidence on record, the proceedings shall be closed for orders. If he pleads “not guilty”, he shall be required to file within 10 days a written statement together with a list of such witnesses as he may wish to produce in his defence and giving therein a gist of evidence that each witness is expected to give. If he declines to file a written statement, he shall again be examined by the Inquiry Officer on the expiry of the period allowed and his statement, if any, recorded.

(15) If the party charged refuses to produce any witnesses or to * Now “Bharatita Nagarik Suraksha Sanhita, 2023, and the BSA, 2023”.

produce any evidence in his defence, the proceedings shall be closed for orders. If he produces any evidence, the Inquiry Officer shall proceed to record the evidence. If the Inquiry Officer considers that the evidence of any witness or any document which the party charged wants to produce in his defence is not material to the issue involved in the case, or is requested to be produced with intention to delay the proceedings, he may refuse to call such witness or to allow document to be produced in evidence, but in all such cases he must briefly record his reasons for considering the evidence undesirable. When all relevant evidence has been brought on record, the proceedings shall be closed for orders after recording the statement, if any, of the party charged and obtaining any clarification, if necessary, from him.

(16) Under no circumstances additional prosecution witnesses shall be examined after defence has been let in and in case prosecution is allowed to produce additional evidence, defence witnesses may also be allowed in rebuttal. However, if at any stage during the inquiry, it appears to the Inquiry Officer that examination of any witness who has not been produced by either party so far or recall of any witness who has already been examined is essential in the interest of justice or to clear any doubt, he may summon him for the purpose and examine him as a witness of the Inquiry Officer after recording his reasons for doing so. Such a witness may also be crossexamined by the parties, if desired.

(17) Whenever any Inquiry Officer after having heard and recorded the whole or any part of the evidence in an inquiry, ceases to exercise jurisdiction therein and is succeeded by another Inquiry Officer who has and exercises such jurisdiction, the Inquiry Officer so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor, and partly recorded by him or himself record it afresh as he deems expedient.

(18) At the conclusion of the inquiry, the Inquiry Officer shall prepare a report of the inquiry recording his findings on each of the charges with reasons therefor. The findings must be of “guilty” or “not guilty” and no room shall be allowed for “benefit of doubt” or personal surmises. A charge shall be deemed to have been proved if after considering the evidence before him, the Inquiry Officer believes the ingredients, constituting the charge to exist or considers their existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that they exist.

(19) If in the opinion of the Inquiry Officer the proceedings of the inquiry establish charges different from those originally framed, he may record his findings on such charges :

Provided that findings on such charges shall not be recorded unless the party charged has admitted the facts constituting them and has had an opportunity of defending against them.

89. Action on the Inquiry Report. ––(1) If the disciplinary authority, having regard to its own findings where it is itself Inquiry Officer or having regard to its decision on all or any of the findings of the Inquiry Officer, is of the opinion that the punishment warranted is such as is within its competence, that authority may act on the evidence on record. However, in a case where it is of the opinion that further examination of any of the witnesses is necessary in the interest of justice, it may recall the witness, examine him and allow the party charged to cross-examine him. After that, it may impose on the party charged such punishment as is within its competence according to these rules.

(2) While communicating the order imposing the punishment, a copy of the findings of the Inquiry Officer shall also be given to the party charged.

(3) Where such disciplinary authority is of the opinion that the punishment warranted is such, as is not within its competence, that authority shall forward the records of the inquiry to the appropriate disciplinary authority with his recommendations who shall act in the manner as hereinafter provided.

(4) The disciplinary authority, if it is not itself the Inquiry Officer may, for reasons to be recorded, remit the case to the Inquiry Officer for further inquiry and report. The Inquiry Officer shall thereupon proceed to hold further inquiry according to the provisions of rule 87 and submit to the disciplinary authority the complete records of such inquiry along with his report.

(5) The disciplinary authority shall, if it disagrees with the findings of the Inquiry Officer on any article of charge, record its reasons for such disagreement and record its own findings on such charge, if the evidence on record is sufficient for the purpose. In such case the delinquent officer shall having also be informed of the reasons for disagreement.

(6) If the disciplinary authority having regard to its findings on all or any of the article of charge is of the opinion that any of the minor punishments should be imposed on the party charged, it shall, notwithstanding anything contained in rule 93, make an order imposing such punishment.

(7) If the disciplinary authority, having regard to its findings on all or any of the articles of charge and on the basis of evidence on record, is of the opinion that any of the major punishments should be imposed on the party charged, it shall make an order imposing such punishment and it shall not be necessary to give to the party charged any opportunity of making representation on the punishment proposed to be imposed.

90. Determination of punishment.–– In determining the punishment, the character, previous bad record and punishment of party charged shall not be taken into consideration unless in a case where they are made subject matter of a specific charge in the proceeding itself. Offences connoting moral turpitude shall be carefully distinguished from smaller lapses of conduct. It is essential that the punishment shall be inflicted keeping in view the nature of duties expected from the member of the Force and the misconduct by him.

91. Imposing of punishment of dismissal, etc.–– Before coming to any lower punishment, the disciplinary authority with a view to ensuring the maintenance of integrity in the Force shall consider the award of punishment of dismissal or removal from service to any member of the Force in the following causes, namely :––

(1) Dismissal––

(i) Conviction by a criminal court; on a charge involving moral turpitude or a sentence of more than six months ;

(ii) Serious misconduct or including in committing or attempting or abetting an offence against forest property ;

(iii) Discreditable conduct affecting the image and reputation of the Force ;

(iv) Neglect of duty resulting in or likely to result in loss to the forest property or danger to the lives of persons using the Force ;

(v) Insolvency or habitual indebtedness ; and

(vi) Obtaining employment by concealment of his antecedents which would ordinarily have debarred him from such employment.

(2) Removal from service––

(i) any of the misconduct for which he may be dismissed under sub-rule (1) above ;

(ii) repeated minor misconducts ;

(iii) absence from duty without proper intimation or overstay beyond sanctioned leave without sufficient cause.

92. Reduction in the rank, grade or in the scale of pay. ––(1) No enrolled member of the Force shall be reduced to a rank lower than that to which he was first appointed to the service nor shall he be reduced permanently in the sense that he shall never be eligible for re-promotion however meritorious his subsequent service may be.

(2) When reduction to a lower rank, grade or a lower stage in the scale of pay is ordered, the order shall also specify––

(i) the date from which it will take effect and the period (in terms of years and months) for which the punishment shall be operative ;

(ii) the stage in the scale of pay (in terms of rupees) to which the enrolled member of the Force is reduced ; and

(iii) the extent (in terms of years and months), if any, to which the punishment referred to (i) above shall be with or without cumulative effect :

Provided that when the punishment of reduction to lower stage in the scale of pay is imposed during the currency of reduction in rank, the disciplinary authority shall clearly indicate in the punishment order whether the two punishments shall run concurrently or the subsequent punishment shall be implemented after the expiry of the first punishment.

(3) Withholding of increment-In the case of withholding of increment as a punishment, the order shall state the period for which the increments are to be withheld and whether it shall have the effect of postponing further increments.

93. Procedure for imposing minor punishments. ––(1) The disciplinary authority may impose any of the minor punishments provided in sub-rule (3) of rule 84 after––

(i) informing the enrolled member of the Force charged in writing of the proposal to take action against him and of imputations of misconduct or misbehaviour on the basis on which action is proposed to be taken and giving a reasonable opportunity of making such representation within a period of 10 days from the date of the communication as he may wish to make against the proposal ;

(ii) taking the representation, if any, submitted by the party charged under clause (i) into consideration and recording a finding on each imputation of misconduct or misbehaviour.

(2) Notwithstanding anything contained in clause (i) of sub-rule

(1) if it is proposed, after considering the representation, if any, made by the party charged under the said clause (i) to withhold increments of pay and such withholding of increments is likely to affect adversely the amount of pension payable to the party charged or to withhold increments of pay for a period exceeding three years or to withhold increments of pay with cumulative effect for any period or to reduce him by more than three stages in his scale of pay, an inquiry shall be held, as for as possible, in the manner laid down in rule 88 making any order imposing on the party charged any such punishment.

94. Departmental proceeding file.–– Every departmental proceeding file shall contain documents in the following order with an index sheet :–– (A) (1) Order sheet.

(2) Preliminary papers.

(3) Charge.

(4) Statement of prosecution witnesses.

(5) Prosecution exhibits.

(6) Defence statement of” guilty” or “not guilty”.

(7) Statement of defence witnesses.

(8) Written statement of defence, if any.

(9) Findings of the Inquiry Officer.

(10) Order of the disciplinary Authority.

(11) Memorandum of Appeal to the Appellate Authority, if any.

(12) Order passed on Appeal.

(B) 1. Petty breaches of discipline and petty cases of misconduct by the enrolled members of the Force shall, as far as possible, be inquired into and disposed of in Orderly room by an officer authorised to award petty punishment under Scheduled-III to any such enrolled member of the Force who is for the time being subject to his authority, inquires in the Orderly room shall be held, as for as possible, at least once a week on a fixed day.

2. If the offence calls for more severe punishment than the officer dealing with it is authorised to inflict, he shall forward the record with his recommendations to the competent authority for orders and further action.

3. Proceedings of such inquiries shall be recorded in the Orderly Room Register.

4. Punishment awarded in Orderly room shall be carried at a place as may be specified by the officer awarding the punishment.

5. Fatigue duty and any other duty shall, however, be awarded only to enrolled member (except Inspectors) and ancillary staff may consist of any one or more of the following duties, namely :––

(i) pitching and tending of tents and their mending ;

(ii) tending of gardens, farms, ponds etc. of the Force ;

(iii) cutting of grass and moving of lawns ;

(iv) clearing of bushes and cutting of scrubs ;

(v) cleaning and marking of parade ground ;

(vi) cleaning and dusting of arms, equipment, stores, mess, class-rooms and barracks;

and ; or

(vii) repairing of huts, butts ; and

(viii) other similar works.

95. Special procedure in certain cases.–– Notwithstanding anything contained anywhere in these rules,––

1. where any punishment is imposed on an enrolled member of the Force on the ground of conduct which has led to his conviction on a criminal charge ; or

2. where the authority competent to impose the punishment is satisfied for reasons to be recorded by it in writing that it is not reasonably practicable to hold an enquiry in the manner provided in these rules ;

3. where the *Governor is satisfied that in the interest of security of State and the maintenance of integrity in the Force, it is not expedient to hold any inquiry in the manner provided in these rules; the authority competent to impose the punishment may consider the circumstances of the case and make such orders thereon as it deems fit.

96. Procedure to be followed in case conviction by a criminal court. ––(1) The Deputy Director shall go through the record of every case brought against an enrolled member of the Force in the Court, and shall take departmental cognizance of every criminal case in which an enrolled member of the Force is convicted or acquitted or discharged (except when the case is false) and record an appropriate order.

(2) Effect of imprisonment–– Every enrolled member of the Force punished with imprisonment or released on probation after conviction for an offence implying moral turpitude, such as, theft, perjury, rape, or with imprisonment exceeding six month for any other offence or for any matter specified in section 16 of the Act shall be proceeded against for dismissal, and shall ordinarily be dismissed from service.

(3) Effect of fine–– When an enrolled member of the Force is sentenced to fine by a criminal court, disciplinary authority may examine the circumstances of the case and, if necessary in the interest of the Force, * Now “Lieutenant Governor”.

draw up proceedings for suitable punishment.

(4) Form of charge in such case –– (i) The charge in proceedings under sub-rules (2) and (3) shall be that the accused has been convicted, imprisoned or fined, as the case may be, for the offence concerned.

(ii) Without prejudice to the rights of the accused on final acquittal, such proceedings shall be taken up as soon as the trial court has passed orders of conviction and disposed of immediately in order to avoid the wasteful expenditure involved in allowing the enrolled member of the Force to remain under suspension.

(5) Proceedings in case of discharge–– When an enrolled member of the Force is prosecuted before a court but discharged for insufficiency of evidence or on any technical ground or by giving him the benefit of doubt, the disciplinary authority shall examine the possibility of instituting departmental proceedings after an objective consideration of all the facts and circumstances of the case and may take such action as deemed appropriate.

97. Procedure when two or more enrolled members are involved.–– Where two or more enrolled members of the Force including those on deputation to the Force are involved in any case, the disciplinary authority may make an order directing that the disciplinary action against two or all of them may be taken in a common proceeding.

98. Provision regarding enrolled member of the Force whose services are lent to other departments of *[State Government], etc. ––(1) Where the services of an enrolled member of the Force are lent to any other Ministry or department of the *[State Government] or an authority subordinate thereto (hereinafter in this rule referred to as “the borrowing authority”), the borrowing authority shall have the powers of the authority competent to place such member under suspension and of the disciplinary authority for the purpose of conducting disciplinary proceedings against him.

(2) In the light of the findings in the disciplinary proceedings conducted again