Page 28 - Microsoft Word - NCC Book.doc

(a) dismiss the charge if no offence is disclosed by the evidence, or if in
his opinion the charge ought not to be proceeded with ; or

(b) dispose of the case summarily ; or

(c) takes steps for bringing the offender to trial by a criminal court ; or

(d) refer the matter to superior authority for instructions and act in
accordance with the instructions so received.

Explanation.-(1) The superior authority for the purposes of sub-rule (1)
shall be :-

(a) in the case of an officer or an applicant for appointment as an officer
attached to an Armed Forces unit for training, the Commander of
the Sub-Area or equivalent Commander of the Indian Navy or
Indian Air Force in a Part A State or the Commander of the State
Forces in a Part B State, as the case may be, in which the Armed
Forces unit is located ;

(b) in the case of an officer of the Senior Division charged with an
offence who was at the time of offence serving with a unit or part
thereof of the Senior Division, the Secretary of the Department
governing the National Cadet Corps organization in the State, or
the Vice-Chancellor of a University or the Director of Public
Instruction, or the Head of the Department controlling a particular
College or institution empowered in this behalf by the State
Government ;

(c) in the case of an officer of the Junior Division charged with an
offence who was at the time of the offence serving with a unit or
part thereof of the Junior Division, the Director of Public
Instruction.

(2) The superior authority for the purposes of sub-rule (2) shall be :-

(a) in the case of a cadet non-commissioned officer or cadet of the
Senior Division attached to an Armed Forces Unit, for training, the
Commander of the Sub-Area or equivalent Commander of the
Indian Navy or Indian Air Force or of the State Forces as the case
may be in which the Armed Forces unit is located ;

(b) in the case of cadet non-commissioned officer or a cadet of the
senior Division serving with a Senior Division unit or part thereof