(3)After compliance of sub-rule (1), if the commanding officer is of opinion that the charge ought to be proceeded with, he shall within a reasonable time-(a)dispose of the case under section 80 in accordance with the manner and form in Appendix III; or(b)refer the case to the proper superior military authority; or(c)adjourn the case for the purpose of having the evidence reduced to writing; or(d)if the accused is below the rank of warrant officer, order his trial by a summary Court-Martial:Provided that the commanding officer shall not order trial by a summary Court-Martial without a reference to the officer empowered to convene a district Court-Martial or on active service a summary general Court-Martial for the trial of the alleged offender unless-(a)the offence is one which he can try by a summary Court-Martial without any reference to that officer; or(b)he considers that there is grave reason for immediate action and such reference cannot be made without detriment to discipline.
