22. Hearing of Charge. —(1) Every Charge against a person subject to the Act shall be heard by the Commanding Officer in the presence of the accused. The accused shall have full liberty to cross-examine any witness against him, and to call such witness and make such statement as may be necessary for his defence:
Provided that where the charge against the accused arises as a result of investigation by a Court of inquiry, wherein the provisions of rule 180 have been employed with in respect of that accused, the commanding officer may dispense with the procedure in sub-rule (1).
(2) The commanding officer shall dismiss a charge brought before him if, in his opinion the evidence does not show that an offence under the Act has been committed, and may do so if, he is satisfied that the charge ought not to be proceeded with:
Provided that the commanding officer shall not dismiss a charge, which he is debarred, to try under sub-section (2) of Sec. 120 without reference to superior authority as specified therein.
(3) After compliance of sub-rule (1), if the commanding officer is of opinion that the charge ought to be proceeded with, he shall within a reasonable time—
(a) Dispose of the case under section 80 in accordance with the manner and form in Appendix III; or
(b) Refer the case to the proper superior military authority; or
(c) Adjourn the case for the purpose of having the evidence reduced to writing; or
(d) If the accused is below the rank of warrant officer, order his trial by a summary court-martial:
Provided that the commanding officer shall not order trial by a summary court-martial without a reference to the officer empowered to convene a district court-martial or on active service a summary general court-martial for the trial of the alleged offender unless—
(a) The offence is one which he can try by a summary court-martial without any reference to that officer; or
(b) He considers that there is grave reason for immediate action and such reference cannot be made without detriment to discipline.
(4) Where the evidence taken in accordance with sub-rule (3) of this rule discloses an offence other than the offence which was the subject of the investigation, the commanding officer may frame suitable charge (s) on the basis of the evidence so taken as well as the investigation of the original charge.
| 