(1) on receipt of a report of misconduct of an officer, when the Central Government proposes to award a punishment of forfeiture of seniority in the rank or time for promotion under sub-section (1) of section 94, he may be given an opportunity to show cause, if not already done so by the Flag Officer Commanding-in-chief or Chief of the Naval Staff, in the manner specified in sub-regulation (2).
(2) Where forfeiture of seniority is awarded, the forfeiture conduct, the Central Government is of the opinion that the officer deserves to be punished, it shall so inform the officer together with all records adverse to him and call upon him to submit in writing his explanation in defence together with his opinion, if the same has not been exercised by him earlier, whether he consents to accept summary award under section 94 or elects to be tried by court martial:
Provided that the officer’s explanation, if any, and if the officer has not elected to be tried by court martial, the Central Government shall consider it and the same is found unsatisfactory, may impose the punishment of forfeiture of seniority in the rank or time for promotion as empowered under sub-section(1) of section 94.