Para 364(k) 0f regulation for the army
Guest
(Querist) 25 November 2011
This query is : Resolved
Can some one help me getting an Extract of Para 364(k) of Regulation for the Army 1987 revised edition. I also need a copy of Army Instruction AI 30/86 on attachment.
mahendrakumar
(Expert) 26 November 2011
I think,you can get the details from any nearby army unit.
Rajeev Kumar
(Expert) 26 November 2011
Expert has well advised
Sankaranarayanan
(Expert) 26 November 2011
i do agree with experts view of opinion
Devajyoti Barman
(Expert) 26 November 2011
Yes the concerned department should have one such copy.
Raj Kumar Makkad
(Expert) 26 November 2011
I can provide it to you but unfortunately my relevant book is not available as of now because some one has taken it with him and he shall return it to me on monday.
Guest
(Querist) 26 November 2011
I have got it typed but did not find Para 364(k) which has been referred to by the RTI cell IHQ of MoD stating that COAS has the power to dispose of a statutory Complaint lodged by an Officer under AA s 27.Let me cut and paste the extract of Para 364 of Reg for the Army:
SECTION 2—COMPLAINTS, PETITIONS AND APPEALS
(The following Para 364 has been reconstructed by DRAFT AMENDMENT TO REGULATIONS FOR THE ARMY REVISED EDITION, 1987 02736/DV1/7777/D(AG))
Para 364 of Defence Service Regulations, Regulations for the Army, Revised Edition 1987, is reconstructed as under:
[364.COMPLAINTS-General (a). Complaints may be of two kinds:-
(a) Statutory Complaints. These are made under the provision of Army Act Section 26 and 27 by the following:-
(i) Any person subject to the Army Act other than an officer who deems himself wronged by any superior or other officer.
(ii) Any officer who deems himself wronged by his commanding officer or any other superior officer.
(iii) Any person subject to the Army Act against the decision of an authority disposing of a case under Army Act Section 80, 83, 84 or 85, as the case may be.
(iv) An officer or a JCO who deems himself wronged by the award of censure (recordable or non recordable).
Note: A petition against the findings an sentence of a court martial will be submitted under Army Act Section 164 read with Para 365 of these regulations and not under Army Act Section 26 or 27 read with this Para.
(b) Non–Statutory complaints:- these can be made under the authority of the Army Order on the subject when the complainant considers himself wronged by any authority other than those mentioned in sub–para (a) above and is not covered under Army Act Section 26 and 27.
Statutory complaints
2. Number And Extent :- an officer has the right to complain only to the COAS and not to the Central Government. This right can be exercised only once. A second complaint to these authorities will be allowed only if fresh facts and circumstances have come to light necessitating reconsideration of the case.
Procedure For Submission and
Channel To Be Followed
3. Statutory complaints will be addressed to the following authorities:
(a) The central Government by officers.
(b) The COAS by JCOs, Wos and OR.
4. All statutory complaints will be made through proper channel as given in Para 5 below. In order to facilitate all intermediary formations and Army Headquarters to closely monitor the progress of statutory complaints.
Commanding officer of the complainant shall forward an advance copy of the complaint to all the intermediary formation headquarters and concerned Branches or directorates and CAB (in respect of officers only) at Army Headquarters immediately. Advance copy of complaints on DV matters will not be endorsed to CAB but only to D&V Dte (DV-4), Army Headquarters. The complaint must desist from writing directly to Army Headquarters or the Central Government with regard to progress of the case. However, if the final decision on the statutory complaint with or without accusation against any superior officer as mentioned in sub para (9) below, is not taken within a period of 12 months or 9 months respectively, from the date such a complaint is submitted, the complainant will have a right to represent directly to Army Headquarters or the Central Government as the case may be after informing his Commanding Officer.
5. The following channels will be followed while forwarding statutory complaints:-
(a) Company Commander or other immediate superior.
(b) Commanding Officer.
(c) Brigade Commander or Sub-Area Commander.
(d) Divisional Commander or Area Commander.
(e) GOC Corps, where applicable.
(f) GOC-in-C Command.
(g) Central Government (in case of officers only)
6. Statutory complaints from officers of AMC and ADC and from all JCOs, Wos and OR which pertain to matters relating to promotion, appointment, posting, release and discharge, will be processed through departmental channels. Where no departmental channels exist complaints will be processed through respective staff channels.
Layout of Complaints.
7. The format for submission of complaints will be laid down by the Army Headquarters from time to time. Accordingly, all complaints will be submitted in a standard format prescribed by the Army Headquarters.
8. It will be ensured that the complaint is couched in respectful and proper language. A complaint containing a false statement or a false accusation would render the complainant liable for disciplinary action under the Army Act. If a complaint contains accusations, the complainant will render a certificate as under, which will be annexed to complaint :-
“ I undertake that any false statement or false accusation made by me in this complaint will render me liable for disciplinary action.”
9. If a complaint containing serious accusation(s) against any superior officer pertaining to moral turpitude, maturity or professional competence, the next superior authority to the one against who such accusations have been made will take necessary steps to conduct investigation, as considered necessary. Action by the Intermediary Authorities
10. The immediate superior authority in chain will offer his detailed parawise comments on the complaint. He will also insure that the stipulation made in para 8 and 9 above have been complied with. In case any of the conditions mentioned below is not satisfied, he will withhold the complaint and inform the next superior and the complainant the reasons for withholding the complaint:-
(a) That the complaint is complete in all respects and is in correct form.
(b) That the complaint is not couched in discourteous, disrespectful or improper language.
(c)That the complaint does not contain official documents and correspondence, access to which does not have any formal authority.
11. Where a complaint is withheld on any of the grounds mentioned in sub-sub paras (a), (b) and (c) above, the date of submission of the complaint will count from the date of revised complaint, if any, for the purpose of para 14 below.
12. An intermediary authority will examine the complaints set forth by the complainant and may take of the following actions:-
(a) Where the intermediary authorities arrive at the view, after due examination, that only a partial redress will meet the ends of justice, the same may be granted by authority concerned. In such cases,
The intermediary authority granting such redress will further call upon the complaint to express as to whether he desires to withdraw the complaint in view of the pitfall redress granted, within 90 days, and if gives such concurrence it will be communicated to all concerned and the complaint closed.
(b) Where the intermediate authority decides to grant full redress sought by the complaint, he shall be suitably informed. The next higher authority to the authority granting such relief will be kept informed of the grant of redress. Such cases will not be forwarded to the authority to whom the complaint is addressed.
(c) Where the redress prayed for is not given at all, the intermediary authority will forward the complaint alongwith his comments and recommendations through normal channels to the authority to whom the complaint is addressed for final disposal.
13. Before forwarding the complaint to the next higher authority, the immediate superior authority of the aggrieved individual will endeavour to interview the complaint, if required, and make such investigations as he considers necessary. He will then forward the complaint, his detailed parawise comments and recommendations to the next superior intermediary authority. While forwarding the statutory complaint to the next higher authority, concerned formation headquarters will invariably inform Army Headquarters about the progress of the case and also inform the complainant through his commanding officer. Time Frame For Processing Of Complaints.
14. All complaints will be dealt with expeditiously at all levels. The following time schedule will be strictly followed:-
(a) Time taken to reach Army Headquarters (including transit period) where the complaint does not contain any accusation requiring investigation.
(i) unit - 20 days (where parawise comments are required to be forwarded)
(ii) Brigade or sub area – 20 days
(iii) Division or area – 25 days
(iv) Corp Headquarters – 30 days
(v) Command Headquarters – 40 days.
Total – 135 days
(b) Time taken to reach Army Headquarters (including transit period) where the complaint contains accusations requiring investigation as mentioned in para 9 above.
(vi) unit - 20 days (where parawise comments are required to be forwarded)
(vii) Brigade or sub area – 20 days
(viii) Division or area – 25 days
(ix) Corp Headquarters – 30 days
(x) Command Headquarters – 40 days.
(vi) Additional time for investigation - 45 days (expendable to 60 days in
to the formation Headquarters exceptional cases)
which orders such investigation.
Total - 180 Days
(c ) Time taken at Army Headquarters - 45 to 60 days
15. With a view to enable all intermediary formations and army Headquarters to closely monitor the progress of statutory complaints as mentioned in paras 4,10 ,11,12 and 13 above, all intermediary and higher authorities will be accompanied by a delay report, which will be duly filled and installed on receipt of the complaint as well as before forwarding the complaint to the next higher authority. The format for delay report will be laid down by army Headquarters.
16. Whenever a complaint is delayed for any period exceeding the stipulated time frame, reasons for the delay will be annexed to the delay report on separate sheet of paper. The monitoring of statutory complaints through suitable monitoring schedule and SOPs will be strictly enforced at all levels of the chain of command. The delays apprehended will be projected in time to ensure timely processing and finalisation of complaint. The intermediate Formation Headquarters will maintain a record and monitor the progress of complaints scrupulously. Accountability for delays, if unjustified, in processing of statutory complaints will be fixed and necessary action taken against the defaulting officers.
Final Disposal of Complaints.
17. Orders of the authority disposing of the complaint will be communicated through normal channels. However, a copy of the orders will be also endorsed direct to the complaint by the disposing authority, which will be acknowledged by the individual directly to the authority disposing of the complaint. In addition, the formation/unit concerned will also inform the branch concerned at Army Headquarters, in writing that a copy of the order has been handed over to the individual.
Procedure for Processing Statutory Complaints at Army Headquarters.
18. JCOs,Wos and OR. Section 26 of the Army Act confers the power of decision to the COAs. All statutory complaints in respect of JCOs, Wos and OR will accordingly be put up to the COAs for final decision by the concerned Directorates through the respective PSO dealing with the subject on which the complaint has been made. In case the subject pertains to more than one Branch, the views of the PSOs of those Branches should be obtained while projecting the case to the COAs. Cases, having disciplinary angle, should be routed through the AG.
19. Officers. Central Government exercises the powers under Army Act Section 27 . The Statutory complaints of .........
Statutory Complaints on DV matters ) by the respective Directorate/Branches at Army Headquarters, In case the COAS grants partial or full redress to the complaints procedure as per para 12 and 17 respectively will be followed. In other cases the complaint will be forwarded to the central Government after obtaining the recommendation of the COAS.
Non-Statutory Complaints:
20. Non-Statutory Complaints will only be addressed to the immediate superior, company commander or the commanding officer as the case may be such complaints will neither be addressed direct to higher authorities other then those mentioned in this paragraph nor will copies be endorsed to such authorities.
21.Non-Statutory Complaints will also be dealt with expeditiously Para 18 and 16 will also apply to non-statutory complaints.
(C.S.M. Murthy)
DEPUTY SECRETARY TO THE GOVT OF INDIA
No.627336/AG/DV-1/7777/D(AG)
mahendrakumar
(Expert) 27 November 2011
dear Mandal,
I feel,these kind of issues are beyond the scope of a virtual forum like this.
it would be better to coordinate in person with someone familiar on the field,especially advocates conversant with army act and rules.
you can get many such people at delhi on enquiring through local bar council.
Raj Kumar Makkad
(Expert) 27 November 2011
Mandal! The extract produced by you is exact as per booklet. So your search is complete now.
Guest
(Querist) 27 November 2011
Dear All
Thanks for the advice.I will request the administer to mark it resolved though I did my home work before approaching the experts when Para 364(k)( referred by the Army Auth) was not found in the latest version held with the local units.
Shonee Kapoor
(Expert) 27 November 2011
Then have you checked, whether the same is deleted now by some amendment?
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
