Section 39 in The National Cadet Corps Rules, 1948
39. Disposal of offences.
(1)A charge made against an officer or an applicant for appointment as an officer for 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 the Officer Commanding the unit to which the offender belong or by the Headmaster of the school which is providing the 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)take steps for bringing the offender to trial by a criminal court;or(d)refer the matter to superior authority for instruction, and act in accordance with the instructions so received.(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.(2)The superior authority for the purposes of sub-rule (2) shall be :-(a)in the case of a cadet non-commissioned officer or cadet of the Senior Division 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 or of the State Forces as the case may be in which the Armed Forces unit is located;(b)[ in the case of cadet non-commissioned officer or a cadet of the senior Division serving with a Senior Division unit or part thereof 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;] [Substitued by S.R.O. 290, dated 4th July, 1952, PArt II, Section 4, page 261](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.
