နည်းဥပဒေ၁၆၉

169. Conducting a trial in a court is to hear the case whether or not an accused alleged under the relevant law is guilty and departmental enquiry is an enquiry from the administrative point of view to decide whether or not the conduct of the service personnel is breach of rules of conduct of service personnel or breach of discipline or failure to fulfill a duty or breach of the laws. In respect of taking departmental action against a service personnel who is prosecuted under legal action:
(a) the departmental action may be taken against a service personnel who is convicted by a court to decide whether or not the service personnel should be imposed disciplinary penalty according to the administrative need by balancing the offence and penalty;
(b) in the case where the service personnel is not found guilty and so is discharged before framing a charge or acquitted after charging, the departmental action shall not be taken against the service personnel on the grounds that the case is not applicable to the breach of rules of conduct of service personnel or breach of disciplines or failure to fulfill duties or misconduct.