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  • Ganesha Legal Seris

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    Shri Ganesh
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    The flow chart outlines the disciplinary proceedings process that begins when an offence is reported to the Commanding Officer (CO). The CO then decides whether to investigate himself, order a Court of Inquiry (CoI), or drop the charge if no offence is found. If a prima facie offence is found, the CO hears the charge and can dispose of it summarily, reduce it to writing, or refer it to a superior military authority. The CO then deputes someone to record evidence or takes it himself under Army Rule 23. Finally, the CO takes a decision and can drop the charges or take disciplinary action such as referring the matter to a General Court Martial, District Court Martial, or Summary General Court Martial.

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    legal info

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    ganesha legal seris

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    The flow chart outlines the disciplinary proceedings process that begins when an offence is reported to the Commanding Officer (CO). The CO then decides whether to investigate himself, order a Court of Inquiry (CoI), or drop the charge if no offence is found. If a prima facie offence is found, the CO hears the charge and can dispose of it summarily, reduce it to writing, or refer it to a superior military authority. The CO then deputes someone to record evidence or takes it himself under Army Rule 23. Finally, the CO takes a decision and can drop the charges or take disciplinary action such as referring the matter to a General Court Martial, District Court Martial, or Summary General Court Martial.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    8 views1 page

    Ganesha Legal Seris

    Uploaded by

    Shri Ganesh
    The flow chart outlines the disciplinary proceedings process that begins when an offence is reported to the Commanding Officer (CO). The CO then decides whether to investigate himself, order a Court of Inquiry (CoI), or drop the charge if no offence is found. If a prima facie offence is found, the CO hears the charge and can dispose of it summarily, reduce it to writing, or refer it to a superior military authority. The CO then deputes someone to record evidence or takes it himself under Army Rule 23. Finally, the CO takes a decision and can drop the charges or take disciplinary action such as referring the matter to a General Court Martial, District Court Martial, or Summary General Court Martial.

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    of 1

    FLOW CHART FOR DISCIPLINARY PROCEEDINGS

    Reporting of an
    Offence to CO

    Order a CoI Investigate Himself

    Prima facie Prima facie


    No Offence No Offence
    Offence Offence

    Hearing of Charge
    Drop Charge
    under AR 22

    Dispose it Refer to Superior


    Drop Charge Reduce to Writing Summarily Military Auth

    Requests Higher
    He takes the Fmn to detail some
    evidence under AR Deputes someone to him to take Adm action
    23 to record Evidence evidence

    Disciplinary action
    CO
    CO takes
    takes aa
    decision
    decision

    Drop Charges Disciplinary action

    Pre Trail Advice


    from JAG/ AAG
    (Legal)

    Refer to
    appropriate Mil
    Auth

    GCM/DCM/SGCM Adm Action

    Note :
    • One Person one task, No person can be detailed again and again in various roles
    and give multiple opinions during the entire proceedings. ( SC in Sanjay Jethi Vs
    UoI).
    • Members of CoI are probable witnesses at later stages. ( SC in Sanjay Jethi Vs UoI).
    • Entry in the Corps Court Marshal Register can be done by CO only.
    • Extract of Entry in Court Marshal Register on IAFD 918 is admissible as evidence
    under AA Sec 142 (4).
    • A chargesheet can be signed by CO of accused only none else ( AR 31 Notes 1)
    • Only a CO can hear the charge under AR 22
    • Only the CO who heard the Charge under AR 22 can order a Summary of Evidence
    under AR 23.
    • AR 180 has to be followed scrupulously.
    • Responsibility of calling all witnesses is with the CO/PO of CoI including written
    statements if the accused so desires. ( AR 33 (3) (4))

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