(1) If on a perusal of the record of Flag Officer Commanding-in-chief is of the opinion that there is a prima facie case and that the charges if proved would be within his powers to punish, he shall proceed to try the case as provided in regulation 14E and 147F. However, if he is of the opinion that the charge, if proved would be beyond his power to punish, he shall:-
(a) make a report in this behalf and submit the same together with all there relevant records to the Chief of the Naval Staff for being dealt with under section 94; or
(b) proceed to convene a court martial for the trial of the accused.
(2) before proceeding with the action as contemplated in sub-regulation (1) (a) above, the Flag Officer Commanding-in-Chief shall ask the accused as follows:- “Do you consent to accept a summary award under section 94 or do you elect to be tried by court-martial”.
(3) If the accused officer elects to be tried by the court-martial, necessary steps will be taken for that purpose.
(4) If the accused officer does not elect to be tried by court-martial and consent to be tried summarily under section 94, a notation to that effect shall be made in the proceeding of the case to be forwarded to the Chief of the Naval Staff for disposal.