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14. The point whether the letter dated January 5, 1989 has any legal sanction has been answered by the learned Judges of the Jammu and Kashmir High Court in the negative. It has been held by their Lordships:-

"..... The policy letter has been issued by the Adjutant General. He is not authorised to issue any such policy letter under the Army Act, Army Rules or Regulations. Army Rules have been framed under Section 191 of the Army Act These Regulations have been issued by the Central Government in exercise of the powers conferred on it by Section 192 of the Army Act. In the preface thereof it has been stated that these regulations being non-statutory are supplemental to the relevant statutory provisions wherever they exist and do not supplement them. It has been further stated that departmental orders and instructions are based on and take their authority from these regulations, should any variance arise between such orders and instructions and these Regulations, the latter shall prevail. The respondents seek to justify the issuance of this Policy letter on the plea that the Adjutant General is the Principal Staff Officer responsible to the Chief of Army Staff for maintenance of discipline in the Army. The power to issue the executive instructions in the Policy letter are incidental to the exercise of those powers. We are not impressed. The Regulations are themselves non-statutory. Any authority flowing from these Regulations will also be non-statutory in nature. Chapter VI of the Army Act comprising Sections 34 to 68 specifies and defines the various offences under the Act. Sections 71 to 89 of Chapter VII denote the various punishments. Rules 106 to 133 of the Army Rules prescribe the procedure of and before Court Martial. These constituted a self-contained code specifying offences and the procedure for detention, custody and control of the offenders. Section 79 lays down that punishment may also be inflicted in respect of offence committed by person subject to the Act without the intervention of a Court Martial and in the manner stated in Sections 80, 83,84,85. The proceedings under these provisions are summary proceedings. Paragraph 327 of the Regulations provides for reproof. It lays down that reproof may be verbal or in writing. Warning, a minor censure, may take the form of reproof and be administered verbally or in writing. Warning will not be recorded in the service documents of the person concerned. Reproof therefore does not form part of the service record even though it has its origin in the Regulations. No punishment can be added to the punishments provided in the Act, Rules or Regulations by mere administrative instructions by Adjutant General.