High Court: GREF personnel face dual disciplinary framework

Indian Opinion DeskIndian Opinion DeskGovernance31 minutes ago1 Views

GREF Personnel Can Face Disciplinary Action Under Army Act Or CCS (CCA) Rules, Choice Lies With Authority: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court has ruled that General Reserve Engineer Force (GREF) and Border Roads Organisation (BRO) personnel can be disciplined either under the Army Act or the…

The Story in Brief

The Jammu and Kashmir and Ladakh High Court has ruled that General Reserve Engineer Force (GREF) and Border Roads Organisation (BRO) personnel can be disciplined either under the Army Act or the Central Civil Services (Classification, Control and Appeal) Rules, 1965. The choice lies with the competent disciplinary authority, depending on the gravity of the misconduct, LiveLaw reports.

High Court: GREF personnel face dual disciplinary framework

Justice Sanjay Dhar stated that grave offences like those relating to an enemy, mutiny, or desertion may warrant court-martial under the Army Act, while less serious matters can be handled under the CCS rules. The ruling came during a petition by a GREF officer, equivalent to Major, who challenged charges under Rule 14 of CCS rules. He was accused of improper financial transactions worth ₹4.50 lakh with a subordinate worker.

The Indian Opinion

The ruling rightly affirms that GREF personnel, not being regular soldiers, can be tried under civil service rules for lesser offences. But the lazy narrative that this opens a loophole for Army discipline is wrong: the court explicitly kept grave offences under the Army Act for court-martial. The real test will be how often the authority chooses the softer route. Will a pattern emerge that shields misconduct, or will the distinction remain principled?


Source: livelaw.in

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