Introduction
There are two categories of complaints: Statutory and Non-Statutory. However, there will be no distinction between the two in terms of the examination and processing procedures. All complaints will be treated with the consideration they deserve. The assessment of complaints will be based on seniority, unless specific instructions are given by AG/DG (DC & W)/ADG (D&V) or in situations where time constraints are specified by the Hon’ble AFTs/Courts.
Statutory Complaints
Statutory Complaints are made under the ambit of Army Act (AA) Sec 26 & AA Sec 27, by the following Individuals
- Any person subject to the AA other than an officer who deems himself wronged by any superior or other officer
- Any officer who deems himself wronged by his CO or any other superior officer.
- Any person subject to the AA, against the decision of an authority disposing of a case under AA Secs 80, 83, 84 or 85, as the case may be.
- An officer or a JCO who deems himself wronged by the award of Censure (Recordable or Non-Recordable).
- A petition against the finding and sentence of a Court Martial will be submitted under AA Sec 164 read with Para 365 of the Regulations for the Army and not under AA Secs 26 & 27 read with Para 364 of the Regulations for the Army.
- Statutory Complaint from officers of AMC and ADC and from all JCOs, WOs and OR which pertain to matters relating to promotion, appt, posting, release and discharge will be processed through Departmental Channels/Line Directorate.
Responsibility of D&V Directorate . D&V Directorate will process Statutory Complaints related to following: –
- Officers, JCOs, and ORs are subject to administrative action and summary disposition.
- Cases of termination of service pertain to officers .
- Irregularities in charges framed against individuals
- Additional complaints directed at superiors, excluding ACR or non-empanelment.
Non Statutory Complaints
Non Statutory Complaints can be made under the authority of the Army Order (AO) on the subject when the Complainant considers himself wronged by any authority other than those that are not covered under AA Secs 26 and 27. Non Statutory Complaint against the award of Censure and mercy/review petition against summary award is not in order.
The cases against Censure/Summary Award can only be represented against, as a Statutory Complaint. (AG’s Branch DV Dt letter No 62736/AG/DV1 (P) dated 29 Mar 2004 refers). Allegations against a superior, an officer’s misconduct, a complaint of humiliation, injustice, misappropriation, or cases involving pay and allowances are all eligible to be filed as non-statutory complaints.
Difference between Statutory and Non statutory Complaints
Difference Between Statutory Complaints. Non Statutory Complaints and Petitions. Statutory Complaints are primarily against Censure, Summary awards under AA Secs 80, 83, 84, and 85. Non Statutory Complaints are basically Complaints on issues other than those not covered by Statutory Complaints. Petitions are basically against findings and sentences of Court Martial under AA Secs 164 and 179. Statutory Complaints and Petitions are addressed to COAS, Central Govt, and Non-Statutory Complaints are to be addressed to immediate superior. In case your Non Stat is rejected or you are not satisfied with redress given in response to you non Stat then you can go for statutory complaint.
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