Section 20 of The Army Act, 1950
- (1)1[The Chief of the Army Staff] may dismiss or remove from the service any person subject to this Act other than an officer.
- (2)1[The Chief of the Army Staff] may reduce to a lower grade or rank or the ranks, any warrant officer or any non-commissioned officer.
- (3)An officer having power not less than a brigade or equivalent commander or any prescribed officer may dismiss or remove from the service any person serving under his command other than an officer or a junior commissioned officer.
- (4)Any such officer as is mentioned in sub-section (3) may reduce to a lower grade or rank or the ranks, any warrant officer or any non-commissioned officer under his command.
- (5)A warrant officer reduced to the ranks under this section shall not, however, be required to serve in the ranks as a sepoy.
- (6)The commanding officer of an acting non-commissioned officer may order him to revert to his permanent grade as a non-commissioned officer, or if he has no permanent grade above the ranks, to the ranks.
- (7)The exercise of any power under this section shall be subject to the said provisions contained in this Act and the rules and regulations made thereunder.
Summary
- Section 20 of this military law authorizes military leaders, rather than just the government, to dismiss, remove, or demote personnel.
- The Chief of the Army Staff has the power to dismiss or remove any person except for a commissioned officer.
- The Chief of the Army Staff can also reduce any warrant officer or non-commissioned officer to a lower rank or grade, or to the ranks.
- Brigade commanders or equivalent officers can dismiss or remove non-officers and non-junior commissioned officers serving under them.
- These same brigade level commanders can demote any warrant officer or non-commissioned officer under their command.
- A warrant officer who has been demoted to the ranks cannot be forced to serve as a sepoy, which is an ordinary private soldier.
- A commanding officer can order an acting non-commissioned officer to revert to their permanent grade or to the ranks.
Practical examples
FAQ
1. Who can the Chief of the Army Staff dismiss under Section 20 of the Army Act, 1950?
Under Section 20 of the Army Act, 1950, the Chief of the Army Staff can dismiss or remove any person subject to the Act, except for a commissioned officer.
2. What protection is given to a demoted warrant officer under Section 20 of the Army Act, 1950?
Under Section 20 of the Army Act, 1950, a warrant officer who is reduced to the ranks cannot be required to serve in the ranks as a sepoy, which is a private soldier.
3. Can a brigade commander dismiss a junior commissioned officer under Section 20 of the Army Act, 1950?
No, under Section 20 of the Army Act, 1950, a brigade commander can only dismiss or remove persons other than officers and junior commissioned officers.
4. What can a commanding officer do to an acting non-commissioned officer under Section 20 of the Army Act, 1950?
Under Section 20 of the Army Act, 1950, a commanding officer can order an acting non-commissioned officer to revert to their permanent grade, or to the ranks if they have no permanent grade.
Test yourself
Q1.Under Section 20 of the Army Act, 1950, who is explicitly excluded from being dismissed or removed by the Chief of the Army Staff?
Q2.According to Section 20 of the Army Act, 1950, if a brigade commander wishes to dismiss a soldier, who is excluded from their dismissal power?
Q3.Under Section 20 of the Army Act, 1950, what is the restriction when a warrant officer is reduced to the ranks?
Q4.Under Section 20 of the Army Act, 1950, who has the power to order an acting non-commissioned officer to revert to their permanent grade?
Q5.Under Section 20 of the Army Act, 1950, which of the following is true regarding demotion powers?