Section 105
Departmental Action
(1) Notwithstanding anything contained in Chapter-8 and this Act, if the person of the following rank who falls under
the jurisdiction of this Act commits an offence under this Act, one may, without convening a Court Martial, be subjected, taking into consideration the gravity of the offence, to the following departmental action by the
following officer:
(a) The commanding officer or the commander of the similar rank or other officer assigned by the Chief of
Army Staff upon approval from the Government of Nepal may order one or more than one departmental
actions mentioned below against a person who is other than the rank of Officer or Junior Commissioned
Officer:
(1) To hold in military custody upto Thirty days,
(2) To detain upto Thirty days,
(3) To detain in a line upto Thirty days,
(4) To place in additional guard duty or duties,
(5) To remove the duties being performed by
him/her or removing from the acting posts in
which he/she is serving,
(6) Freezing or reduction in the salary or allowances which were awarded for good
service, conduct or qualifications, (7) Subjecting to warning,
(8) Subjecting to fine upto an equivalent of Fourteen days payment in a month,
(9) Freezing of salary or allowances upto the recovery of a loss (compensation),
(10) Subjecting to Thirty days’ battlefield penalty during a military operation,
(11) Subjecting to battlefield penalties.
(b) The Chief of Division (Pritanapti) or the Brigadier (Bahinipati) or any other Pati of the same rank or any
other officer assigned by the Chief of Army Staff upon approval from the Government of Nepal may order
one or more than one departmental actions mentioned hereunder against an officer who is below the rank of
Senani or Junior Commissioned Officer (Padik):
(1) Subjecting to ultimatum (Nasihat),
(2) Subjecting to warning (Chetawani),
(3) Freezing of salary upto the recovery of loses,
(4) Freezing of promotion upto One year,
(5) Removal of seniority upto One year.
(c) A Major General (Uparathi) or an officer of the similar rank or any other officer assigned by the Chief of Army Staff upon approval by the Government of Nepal may order one or more departmental actions mentioned below against a person of the rank of Lieutenant Colonel (Pramukh Senani) and officer below to this rank or Non-Commissioned Officers (Padik):
(1) Subjecting to ultimatum (Nasihat),
(2) Subjecting to warning (Chetawani),
(3) Freezing of salary upto the recover of the losses,
(4) Freezing of promotion upto One year,
(5) Removing (deducting) of seniority upto One year.
(d) The officer assigned by the Chief of Army Staff or the commanding officer upon approval by the Government
of Nepal may try an army personnel of the rank of non-commissioned officer (Padik) who is accused of
an offence under this Act, and he/she may freeze the salary or allowances until the recovery of loss if he/she
is convicted.
(2) Prior to the order of departmental action as referred to in Sub- section (1), the concerned accused shall not be denied from the right to file an application for a trial by the Court Martial if he/she so desires.
the jurisdiction of this Act commits an offence under this Act, one may, without convening a Court Martial, be subjected, taking into consideration the gravity of the offence, to the following departmental action by the
following officer:
(a) The commanding officer or the commander of the similar rank or other officer assigned by the Chief of
Army Staff upon approval from the Government of Nepal may order one or more than one departmental
actions mentioned below against a person who is other than the rank of Officer or Junior Commissioned
Officer:
(1) To hold in military custody upto Thirty days,
(2) To detain upto Thirty days,
(3) To detain in a line upto Thirty days,
(4) To place in additional guard duty or duties,
(5) To remove the duties being performed by
him/her or removing from the acting posts in
which he/she is serving,
(6) Freezing or reduction in the salary or allowances which were awarded for good
service, conduct or qualifications, (7) Subjecting to warning,
(8) Subjecting to fine upto an equivalent of Fourteen days payment in a month,
(9) Freezing of salary or allowances upto the recovery of a loss (compensation),
(10) Subjecting to Thirty days’ battlefield penalty during a military operation,
(11) Subjecting to battlefield penalties.
(b) The Chief of Division (Pritanapti) or the Brigadier (Bahinipati) or any other Pati of the same rank or any
other officer assigned by the Chief of Army Staff upon approval from the Government of Nepal may order
one or more than one departmental actions mentioned hereunder against an officer who is below the rank of
Senani or Junior Commissioned Officer (Padik):
(1) Subjecting to ultimatum (Nasihat),
(2) Subjecting to warning (Chetawani),
(3) Freezing of salary upto the recovery of loses,
(4) Freezing of promotion upto One year,
(5) Removal of seniority upto One year.
(c) A Major General (Uparathi) or an officer of the similar rank or any other officer assigned by the Chief of Army Staff upon approval by the Government of Nepal may order one or more departmental actions mentioned below against a person of the rank of Lieutenant Colonel (Pramukh Senani) and officer below to this rank or Non-Commissioned Officers (Padik):
(1) Subjecting to ultimatum (Nasihat),
(2) Subjecting to warning (Chetawani),
(3) Freezing of salary upto the recover of the losses,
(4) Freezing of promotion upto One year,
(5) Removing (deducting) of seniority upto One year.
(d) The officer assigned by the Chief of Army Staff or the commanding officer upon approval by the Government
of Nepal may try an army personnel of the rank of non-commissioned officer (Padik) who is accused of
an offence under this Act, and he/she may freeze the salary or allowances until the recovery of loss if he/she
is convicted.
(2) Prior to the order of departmental action as referred to in Sub- section (1), the concerned accused shall not be denied from the right to file an application for a trial by the Court Martial if he/she so desires.