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Union of India - Section

Section 13 in The Army Rules, 1954

13. Authorities empowered to authorise discharge .-(1) Each of the authorities specified in column 3 of the Table below, shall be the competent authority to discharge from service persons subject to the Act specified in column 1 thereof on the grounds specified in column 2.

(2)Any power conferred by this rule on any of the aforesaid authorities shall also be exercisable by any other authority superior to it.[(2-A) Where the Central Government or the Chief of the Army Staff decides that any person or class of persons subject to the Act should be discharged from service, either unconditionally or on the fulfilment of certain specified conditions, then, notwithstanding anything contained in this rule, the commanding officer shall also be the competent authority to discharge from service such person or any person belonging to such class in accordance with the said decision.]
(3)In this table "commanding officer" means the officer commanding the corps or department to which the person to be discharged belongs except that in the case of junior commissioned officers and warrant officers of the Special Medical Section of the Army Medical Corps, the "commanding officer" means the Director of the Medical Services, Army, and in the case of junior commissioned officers and warrant officers of Remounts, Veterinary and Farms, Corps, the "commanding officer" means the Director Remounts, Veterinary and Farms.TABLE
Category Grounds of discharge Competent authority to authorize discharge Manner of discharge
1 2 3 4
Junior commissioned officers. I.(i)(a) On completion of the period of service or tenure specified in the regulations for his rank or appointment, or on reaching the age limit, whichever is earlier, unless retained on the active list for a further specified period with the sanction of the Chief of the Army Staff, or on becoming eligible for release under the regulations. Commanding officer  
  (b) At his own request on transfer to the pension establishment. Commanding officer  
  (ii) Having been found medically unfit for further service. Commanding officer To be carried out only on the recommendation of an Invaliding Board
  (iii) All other classes of discharge. (a) In the case of Junior commissioned officers granted direct commissions during the first 12 months' service, Area/Divisional Commander If the discharge is not at the request of the junior commissioned officer the competent authority before sanctioning the discharge shall, if the circumstances of the case permit, give the junior commissioned officer concerned an opportunity to show cause against the order of discharge.
    (b) In the case of JCOs, not covered by (a), serving in any Army or Command the general officer Commanding-in-Chief of that Army or Command if not below the rank of Lieutenant General  
Warrant officer II. (i)(a) On completion of the period of service or tenure specified in the regulations for this rank or appointment, or on reaching the age limit, whichever is earlier, unless retained on the active list for a further specified period with the sanction of the Brigade/Sub-Area Commander or on becoming eligible to release under the regulations.    
  (b) At the own request on transfer to the pension establishment. Commanding officer  
  (ii) Having been found medically unfit for further service. Commanding officer To be carried out only on the recommendation of an Invaliding Board.
  (iii) All other classes of discharge. Warrant officer Class-I the general officer Commanding-in-Chief of the command in which the warrant officer is serving other warrant officer, Divisional Area or Independent Brigade/Sub-Area Commanders If the discharge is not at the request of the warrant officer the competent authority before sanctioning the discharge shall, if the circumstances of the case permit give the warrant officer an opportunity to show cause against the order of the discharge.
Persons enrolled under the Act who have been attested III. (i) On fulfilling the conditions of his enrolment or having reached the stage at which discharge may be enforced [Commanding officer and, in the case of a person of the rank of havildar (or equivalent rank) where such person is to be discharged otherwise than at his own request and where the commanding officer below the rank of Lieutenant Colonel, the Brigade or Sub-Area Commander.] [Substituted by S.R.O. 166, dated 27.3.1965. ]  
  (ii) On completion of a period of Army service only, there being no vacancy in the Reserve. Commanding officer (in the case of persons unwilling to extend their Army service) Applicable to person enrolled for both Army service and Reserve service. (A person who has the right to extend his Army service and wishes to exercise that right cannot be discharged under this head).
  (iii) Having been found medical unfit for further service Commanding officer To be carried out only on the recommendation of an invaliding Board.
  (iv) At his own request before fulfilling the conditions of his enrolment. Commanding officer The commanding officer will exercise the power only when he is satisfied as to the desirability of sanctioning the application and the strength of the unit will not thereby be unduly reduced.
  (v) All other classes of discharge Brigade/Sub-Area Commander The Brigade or Sub-Area Commander before ordering the discharge shall, if the circumstances of the case permit give to the person whose discharge is contemplated an opportunity to show cause against the contemplated discharge.
Persons enrolled under the Act but not attested IV. All classes of discharge Commanding officer or officer commanding Recruit Reception Camp, or a Recruiting, Technical Recruiting or Deputy Technical Recruiting Officer In the case of persons requesting to be discharged before fulfilling the conditions of their enrolment, the commanding officers will exercise this power only where he is satisfied as to the desirability of sanctioning the application and the strength of the unit will not thereby be unduly reduced.
      Recruits who are considered unlikely to become efficient soldiers will be dealt with under this item.
[13-A. Termination of service of an officer by the Central Government on his failure to qualify at an examination or course [Inserted by S.R.O. 5, dated 23.12.1968. ].-(1) When an officer does not appear at or, having appeared fails to qualify, at the retention examination or promotion examination or any other basic course or examination within the time or extended time specified in respect of that examination or course, the Chief of the Army Staff [or the Military Secretary] shall call upon the officer to show cause why he should not be compulsorily retired or removed from the service.
(2)In the event of the explanation being considered by the Chief of the Army Staff [or the Military Secretary] [Inserted by S.R.O. 235 of 1991. ] to be unsatisfactory, the matter shall be submitted to the Central Government for orders, together with the officer's explanation and the recommendation of the Chief of the Army Staff [or the Military Secretary] [Inserted by S.R.O. 235 of 1991. ] as to whether the officer should be-
(a)called upon to retire; or
(b)called upon to resign.
(3)The Central Government, after considering the explanation, if any, of the officer and the recommendation of the Chief of the Army Staff [or the Military Secretary] [Inserted by S.R.O. 235 of 1991. ] may call upon the officer to retire or resign, and on his refusing to do so, the officer may be compulsorily retired or removed from the service on pension or gratuity, if any, admissible to him.]