CHAPTER 1 - Border Roads Organisation

RESTRICTED
COURT MARTIAL
1. Army Act 1950 and Army Rule 1954 have been made applicable to GREF vide SRO
329 and 330 both dated 23 Sep 60 with certain exceptions and that Army Act Sec 71 (e) is one
of these i.e. the sentence of dismissal from service by Court Martial is not awardable to GREF
personnel. In this connection a reference is also invited to Schedule „B‟ of SRO 329 dated 23
Sep 60 (modification) (iii) (a) where Army Act Sec 71(e) has been omitted.
2. Position being such, if it is intended to dismiss the individual sentenced to imprisonment
by Court-Martial, simultaneous action should be taken by following the procedure laid down in
Rule 19 of CCS (CC&A) Rules 1965. If this requirement is not complied with, the award of
dismissal is likely to be set aside on review by the competent authority and thus giving the
accused the benefit of continued status of an employee in GREF after completing the sentence
of imprisonment, having not been dismissed/removed from the service by the competent
authority.
3. The procedure of a Court Martial (other than Summary Court Martial) shall after
promulgation, be forwarded to the Office of the Chief Engineer Project concerned for their
further action.
4. Summary Court Martial Proceedings after having been countersigned by the Competent
Authority will be forwarded to GREF Record Office as per Army Rule 146 (2).
5. 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 conferred under the aforesaid AA Section, an
extract from the Summary Court Martial Proceedings ( On IAFD-904, schedule of Conviction
by Court Martial) along with the following additional details duly attested by the Record Officer
will be maintained by the Record Office before these proceedings are destroyed with reference
to Army Rule 146(2):-
(a)
(b)
(c)
Plea of the accused.
Result of the appeal submitted by the accused, if any, and
Character of the accused at the time of trial.
6. When a person subject to the Army Act is sentenced to a term of imprisonment and
committed to a civil jail, a copy of the warrant of commitment (specimen Appendix ‟AAB‟)
will be attached to the Court Martial Proceedings before forwarding to Record Office GREF.
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RESTRICTED