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at the time of the offence, 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 the
behalf by the State Government ;
(c) in the case of a cadet non-commissioned officer or a cadet of the
Junior Division serving with a unit or part thereof of the Junior
Division at the time of the offence, the Director of Public
Instruction.
(3) A charge made against a cadet non-commissioned officer or cadet of
any offences specified in sub-rule (1), (2), (3), (9), (10), (11), (12) and (13) of
rule 38 shall, after investigation by the officer in command of a sub-unit of the
Senior Division or a Unit or sub unit of the Junior Division to which he
offender belongs, be dealt with by him in one or other of the following ways,
that is to say he may :-
(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) refer the matter to the Commanding Officer, in the case of the Senior
Division, or to the Headmaster of the school providing the unit or
sub-unit, in the case of the Junior Division.
40. Summary reduction and punishments.-(1) The Secretary, Ministry of
Defence, Government of India may award any of the following punishments to
an officer or an applicant for appointment as an officer :-
(a) dismissal from the Corps ;
(b) reduction to a lower rank ;
(c) forfeiture of seniority or service for the purpose of promotion for a
period not exceeding twenty four months ;
(d) severe reprimand or reprimand ;
(e) forfeiture, in the case of an officer punished with dismissal, of
arrears of pay and allowances and other public money due to him at
the time of such dismissal ;

