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Union of India - Section

Section 15 in Territorial Army Rules, 1948

15.

(1)The authority competent to authorise the discharge of an enrolled person under the provisions specified in column I of the annexed table shall, subject to the provisions of sub-rule (2), be the authority specified in the corresponding entry in column 2 thereof.Table
Provisionunder which discharge authorised Authoritycompetent to authorise discharge of enrolled person
1 2
Sub-rule(a) of rule 14 TheCommanding Officer.
Clause(i) of sub-rule (b) of rule 14 Sub-AreaCommander.
Clause(ii) of sub-rule (b) of rule 14 Ditto.
Clause(iii) of sub-rule (b) of rule 14 At anytime during the enrolled person's first two years of training if he isunlikely to become an efficient soldier, or is untraceable, or does notreport for training for a period of one year or in the case of an unattestedrecruit at his own request, the Commanding Officer; in all other cases, theSub-Area Commander.
Clause(iv) of sub-rule (b) or rule 14 TheCommanding Officer.
(1A)Where a discharge is authorised under the provisions of clauses (ii) and (iii) of sub-rule (b) of rule 14, the competent authority before authorizing the discharge shall, if the circumstances of the case permit, give the enrolled person an opportunity to show cause against the discharge, unless such discharge is at the request of the enrolled person.
(2)In a case in which the authority competent to authorise discharge under sub-rule (1) is the Commanding Officer, the discharge may also be authorised by the Officer Commanding the Aub-Area, the Area General Officer Commanding-in-Chief a Command, the Chief of the Army Staff or the Central Government; and in a case in which the authority competent to authorize discharge thereunder is the Officer commanding the Sub-Area, the discharge may also be authorised by the Officer Commanding the Area, the General Officer Commanding-in-Chief the Command, the Chief of the Army Staff or the Central Government.
(3)Any enrolled person discharged under Sub-rule (1) or sub-rule (2) shall have a right of appeal against the decision of the authority which authorised his discharge to the next higher authority provided that there shall be no appeal where the order of discharge is made by the Central Government.
(4)A discharge duly authorised under this rule shall be carried out by the Commanding Officer with all convenient speed.