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Section 46: Procedure for summary disposal of charge against officers

Indo-Tibetan Border Police Force Rule, 1994Central Rules · 1992

(l) Where an Officer is remanded for the summary disposal of a charge against him, he shall be provided sub-stance of evidence available against him or a copy of the record or abstract of evidence, if prepared, alongwith a copy of the charge-sheet as soon as practicable and in any case not less than 24 hours before the commencement of the proceedings.

(2) The officer dealing with the case under section 58 shall, unless the accused has consented in writing to dispense with the attendance of witnesses, hear the evidence in the presence of the accused who shall have the right to cross examine witnesses. The accused shall have the right to call any witness and make a statement in his defence.

(3) Proceedings shall be recorded as far as practicable in accordance with the Form in Appendix XIV, and in every case in which the punishment is awarded, the proceedings along with substance of evidence or record or abstract of evidence, as the case may be, shall be forwarded to the next higher authority through the Judge Attorney-General or any officer authorised by him who may, if the punishment awarded appears to him to be illegal, unjust, excessive or inadequate, vary or remit the punishment or set aside the proceedings or enhance the punishment, or make such other directions as may be appropriate in the circumstances of the case:

Provided that before enhancing the punishment the accused shall be given an opportunity to show cause why his punishment should not be enhanced.

(4) An officer who considers himself aggrieved by any decision given under this rule, may submit one petition through his Commanding Officer, within one month of the disposal of the case, to the Director General who may pass such order or direction as may be appropriate in the circumstances of the case.

Where this provision sits

ActIndo-Tibetan Border Police Force Rule, 1994
Section46
Marginal noteProcedure for summary disposal of charge against officers
JurisdictionCentral
StatusIn force as published by the source

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