Shruti (XYZ) 16 April 2011

Central Civil Services (CCA) rules not applicable to Army?

Hi,

Are central civil services (CCA) rules applicable for medical officers in Indian Military?

Can medical officers indulge themselves in social evils like bigamy etc? Is it not punishable?

Thanks,

Shruti

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2 Replies

Om Prakash Dhusia (HR assistant) 15 May 2011

Dear Shruti:Kindly note that being in the Army he is not immune to criminal proceedings as law applied the same even to military personnel but if his local area commander wishes the case can be tried in the Military Court Martial.

You can initiate proceedings in the Civilian court and as well as with copy to his area commander.

Regards.

Sudhir Kumar, Advocate (Advocate) 26 November 2011

I agree with Mr Dhusia. Army persons are not immune from criminal law. A court martial cannot be constituted for an offence not covered under Army Act. Now coming to the status of AMC officers.e understand (1) If wearing uniform one is not covered under CCS(CC&A) Rules and is covered under Amry Act (2) Bigamy is a misconduct even under Amry Act and disciplinary action can be taken by Army (3) This does not bar filing of criminal case in local court (4) Court cannot register the case of bigamy unless the wife make a copmplaint (5) The disciplinary action under Army Act [CCS(CC&A) Rules for civilians in Amry] without the complaint of wife on anyone's complaint.