Section 45: Hearing by an officer not below the rank of Assistant Commandant
Sashastra Seema Bal Rule, 2009Central Rules · 2007
(1) (a) In the case of a person, subject to the Act, other than an officer and a subordinate officer, the case may, in the first instance, be heard by an officer not below the rank of Assistant Commandant;
(b) the witnesses shall be heard in the presence of the accused who shall have the right to cross examine them;
(c) the accused shall have the right to call witnesses in defence and to make a statement.
(2) After hearing the accused under sub-rule (1), such officer may award any punishment which he is empowered to award, or dismiss the charge Page 23 of 110 when the charge is not proved, or refer the case for disposal by the Commanding Officer:
Provided that he shall not dispose of the case which has been reserved by the Commanding Officer for disposal by himself or if the accused is under close arrest.