(1) When it is proposed to terminate the service of an officer under section 10 on account of mis-conduct, he shall be given an opportunity to show cause in the manner specified in sub-rule (2) against such action:
Provided that this sub-rule (1) shall not apply :--
(a) where the service is terminated on the ground of conduct which has led to his conviction by a criminal court or a Force court; or
(b) where the Central Government is satisfied that for reasons to be recorded in writing, it is not expedient or reasonably practicable to give to the officer an opportunity of showing cause.
(2) When After considering the reports on an officer's misconduct, the Central Government or the Director General is satisfied that the trial of the officer by a Force Court is in expedient or impracticable, but is of the opinion, that the further retention of the said officer in the service is undesirable, the Director General shall so inform the officer together with particulars of allegations and report of investigation (including the statement of witnesses, if any, recorded and copies of documents, if any, intended to be used against him) in cases where allegations have been investigated and he shall be called upon to submit in writing, his explanation and defence:
Provided that the Director General may withhold disclosure of such report or portion thereof if, in his opinion, its disclosure is not in the interest of the security of the State.
7
(3) In the event of the explanation of the Officer being considered unsatisfactory by the Director General, or when so directed by the Central Government, the case shall be submitted to the Central Government with the Officer's defence and the recommendation of the Director General as to the termination of the Officer's service in the manner specified in sub-rule (4).
(4) When submitting a case to the Central Government under the provisions of sub-rule (2) or sub-rule (3), the Director-General shall make his recommendation whether the officer's service should be terminated, and if so, whether the officer should be :--
(a) dismissed from the service; or
(b) removed from the service; or
(c) retired from the service; or
(d) called upon to resign;
(5) The Central Government, After considering the reports and the officer's defence, if any, or the judgment of the criminal court, as the case may be, and the recommendation of the Director General, may remove or dismiss the officer or retire or get his resignation from service, and on his refusing to do so, the officer may be compulsorily retired or removed from the service.