Section 39(2) in The National Cadet Corps Rules, 1948
(2)A charge made against a cadet non-commissioned officer or cadet, of any offence specified in rule 38, shall after investigation by the Officer Commanding an Armed Forces unit to which the offender is attached for training or by Officer Commanding the unit to which the offender belongs or by the Headmaster of the school providing a unit or part thereof of the Junior Division to which the 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)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.
