Section 40(1) in The National Security Guard Rules, 1987
(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.
