CHAPTER 1 - Border Roads Organisation

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4. Inspite of clear policies laid down on the disciplinary powers by the various authorities
in GREF, there appears to be doubt regarding exercising of the powers of the OCs by the Task
Force Commanders under Army Act. The Task Force Commanders can only exercise
disciplinary powers in respect of personnel of their own HQs. They have no jurisdiction
whatever the case may be to try a person under Army Act, of a Unit/Estt which is an
independent establishment authorised /sanctioned, unless and otherwise such persons have been
attached with HQ Task Force for disciplinary purpose by the competent authorities as contained
in HQ DGBR letter No. 695460(P)/DGBR/E1E dated 26 Nov 80 and AI 106/60 and 153/69.
5. The case has been discussed with the JAG Deptt and it has been clarified that the powers
of OC units as defined in sub sec (v) of Sec 3 of the Army Act, 1950, are to be exercised by OC
RCCs and other equal independent units and not by the Task Force Commanders in the normal
course. Whenever for administrative or disciplinary reasons, it is desired/essential that the
individual be tried by the Task Force Commander, then such a person should be attached to HQ
TF for disciplinary purpose by issue of a specific order before initiating the disciplinary action.
This may please be brought to the notice of all Task Force Commanders, and Unit Commanders
to ensure that the cases are dealt with by officers having legal jurisdiction and do not in any way
lead to miscarriage of justice.
6. Vide Para 4 of Dte letter No.70511/DGBR/E2A(T&C) dated 21 Feb 77, it has been
clearly stated that officiating incumbents are not competent to exercise the powers of appointing
authority and hence they do not enjoy the disciplinary powers under CCS (CC&A) Rules 1965.
Hence initiation of any proceedings including suspension by the officiating incumbents become
illegal nullify the entire proceedings for want of jurisdiction. Tn this connection, please refer to
Govt of India, Notification No. F 18(16)/1969 Rectt dated 15 Mar 73 as amended/superseded
vide BRDB Order No. BRDB/13(53)/99-GE-II dt 16 May 2000 read in conjunction with
schedule to CCS(CCA) Rules, 1965. which lays down the disciplinary powers vested in various
authorities while exercising disciplinary powers. As per the delegation of disciplinary Powers
made vide above referred notification, a Task Force Commander of the rank of Col/SE is
competent to impose only minor penalty on Gp „C‟ and „D‟ employees.
7. The proceedings of a Court Martial (other than) Summary Court Martial shall after
promulgation, forwarded to the CE (P) concerned for further action.
8. Summary Court Martial proceedings after having been countersigned by the competent
authority be forwarded to GREF Records office as per Army Rule 146(2) for further action.
9. Since no time limit has been laid down for submission of an appeal against the sentence
awarded by court martial and until AA Sec 164 is suitably amended to provide a statutory time
limit for the exercise of the right of the appeal preferred under the aforesaid AA Section, an
extract from the Summary Court Martial proceedings (IAFD-904) such of conviction by court
martial alongwith the following additional details attested by the Record Office will be
maintained by the record office before these proceedings are destroyed with reference to Army
Rules 146(2) :-
(a)
Plea of the accused
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