(1) The Commanding Officer of and above the rank of Commandant may hear the charge against the persons under his command in accordance with the provisions of sub-rule (1) of rule 44 and may;
(i) award any punishment which he is empowered to award in respect of persons of and below the rank of Head Constable, or
(ii) dismiss the charge; or
(iii) remand the case for preparing a record of evidence or an abstract of evidence against the accused; or
(iv) in the case of an accused of and below the rank of a Head-Constable remand the accused for trial by Summary Farce Court;
Provided that:
(a) in the case of an officer, the evidence of witnesses shall be reduced to writing if he so demands;
(b) the Commanding Officer shall dismiss the charge, if in his opinion, the charge is not proved or may dismiss it if he considers that because of the previous character of the accused and the nature of the charge against him, it is not advisable to proceed further with it. In case of an officer, he shall record reasons for dismissing the charge;
(c) Where a case in respect of an officer has been referred to the Commanding Officer by a superior authority for initiation of disciplinary action, the Commanding Officer shall not dismiss the charge without reference to such authority;
(d) in case of all offences punishable with death, a record of evidence shall be prepared.
(2) Where the Commanding Officer is of the opinion that the charge against an officer or a subordinate officer is of a serious nature, he may, without hearing the charge in accordance with the provisions of sub-rule (1), straightaway order a record of evidence or an abstract of evidence to be prepared in the case.
(3) Where the Commanding Officer is of the opinion that the charge against an officer or a subordinate officer does not deserve to be dismissed, and the charge is also not so serious as may warrant trial by a Force Court, he may, in the case of a subordinate officer, either dispose of the 18 case himself or refer it to the appropriate authority for disposal under the provisions of section 58.
In the case of an officer, he may refer the case to the appropriate authority for summary disposal under the provisions of section 58.
(4) Where disciplinary action is intended to be taken against a Commanding Officer of a battalion or a unit, or a headquarters, such officer shall be removed from the command of the battalion, the unit, or the headquarters, as the case may be, and for the purpose, shall be attached to or posted to a battalion, unit or a headquarters under the command of an officer senior to the officer to be so attached or posted.