Section 40 in The National Security Guard Rules, 1987
40. Hearing by the Commander.
(1)The Commander of and above the rank of Group commander may hear the charge against all ranks in accordance with the provisions of sub-rule (1) of rule 39 and may,---(i)award any punishment which he is empowered to award in respect of persons of and below the rank of a Ranger Grade I or(ii)dismiss the charge, or(iii)remand the case for preparing a record of evidence or an abstract of evidence against the accused, or(iv)in the case of an accused of and below the rank of Ranger Grade I remand the accused for trial by Summary security Guard Court :Provided that----(a)in the case of an officer, the evidence of witnesses shall be reduced to writing if he so demands.(b)the Commander shall dismiss the charge, if in his opinion, the charge is not proved or may dismiss it if he considers that because of the previous character of the accused and the nature of the charge against him, it is not advisable to proceed further with it. In case of an Officer, he shall record reasons for dismissing the charge.(c)Where a case in respect of an Officer has been referred to the Commander by a superior authority for initiation of disciplinary action, the Commander shall not dismiss the charge without reference to such authority.(d)In case of all offences punishable with death, a record of evidence shall be prepared.(2)Where the Commander is of the opinion that the charge against an officer or an Assistant Commander is of a serious nature, he may, without hearing the charge in accordance with the provisions of sub-rule (1), straightaway order a record of evidence or an abstract of evidence to be prepared in the case.(3)Where the Commander is of the opinion that the charge against an officer or an Assistant Commander does not deserve to be dismissed, and the charge is also not so serious as may warrant trail by a Security Guard Court, he may in the case of an Assistant Commander, either dispose of the case himself or refer it to the appropriate authority for disposal under the provisions of section 54. In the case of an Officer, he may refer the case to the appropriate authority for summary disposal under the provisions of section 53.(4)Where disciplinary action is intended to be taken against an officer in commander of a Group, or a Unit, or a Headquarter, such Officer shall be removed from the command of the Group, the Unit, or the Headquarters, as the case may be, and for the purpose, shall be attached to or posted to a Group Unit, or a Headquarters under the Command of an Officer senior to the Officers to be so attached or posted.
