section 4
Dismissal, removal or reduction in rank of persons employed in civil capacities under the State
The Jammu and Kashmir Civil Servants (Removal of Doubts and Declaration of Rights) Act, 1956(1) No person who is a member of a civil service of the State or holds a civil post under the State shall be dismissed or removed except by the authority by which he was appointed or by an authority equal to or higher than that by which he was appointed. (2) No such person as aforesaid shall be dismissed or removed or reduced in rank until he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him : Provided that this sub-section shall not apply- (a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge ; (b) where an authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to give to that person an opportunity of showing cause ; or (c) where the Government is satisfied that in the interest of the security of the State it is not expedient to give to that person such an opportunity. (3) If any question arises whether it is reasonably practicable to give to any person an opportunity of showing cause under sub-section (2), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank, as the case may be, shall be final.
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