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Section 147E: Imposition of punishment by Flag Officer Commanding-in-Chief of a Naval Command

Regulations for the Navy Part IICentral Regulations · 1957

(1) When the Flag Officer Command-in-Chief of a Naval Command proposes to award punishment under sub-section 2A of section 94, the accused officer may be given an opportunity to show cause in the manner specified in sub-regulation (2).

(2) When after considering the report on the misconduct of an officer, the Flag Officer may be given Commanding-in-Chief of a Naval Command if of the opinion that the misconduct of the officer is deserves to be punished, he shall so inform the officer together with all reports adverse to him and call upon him to submit in writing his explanation in defense.

Provided that the Flag Officer Commanding-in-Chief mat withhold from disclosure any such report if its disclosure is not the public interest,

(3) On receipt of the officer’s explanation, if any the Flag Officer Commandingin-Chief shall consider it and, if the same is found unsatisfactory, may-

(a) impose the punishment of forfeiture of seniority in the rank or time for promotion, severe reprimand in case subordinate officer;

(b) impose the punishment of severe reprimand or reprimand in case officer other than subordinate officers; or

(c) remand the accused officer for trial by court martial.

(4) Where in case of an officer other than a subordinate officer, the Flag Officer Commanding-in-Chief of a Naval Command considers that the charges if proved would justify the accused officer being awarded punishment of forfeiture of seniority in the rank or time for promotion, before proceeding further with the said charge, the Flag Officer Commanding-in-Chief shall ask the accused officer as follow:- “Do you consent to accept summary award by me or do you elect to be tried by court-martial?”

(a) If the accused officer elects to be tried by court martial. The necessary steps for that purpose shall be taken.

(b) If the accused officer does not elect trial by court martial and consents to the summary trial under section 94, representation to this effect shall be made in the proceedings and the officer proceeded with summarily

Where this provision sits

ActRegulations for the Navy Part II
Section147E
Marginal noteImposition of punishment by Flag Officer Commanding-in-Chief of a Naval Command
JurisdictionCentral
StatusIn force as published by the source

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