misconduct:- (1) Where an officer or a sailor while serving under a civil department of the Central Government or State Government misbehaves he shall be dealt with under the appropriate civil rules, unless the misconduct was some act or omission of the person in his Naval as opposed to his civil capacity and if his act or omission in a Naval capacity were an offence under the act his case shall be dealt with as prescribed by the Act.
(2) Nothing in this regulation shall prevent a person from being dealt with under the Act for any misconduct in his civil capacity if the Government or the Chief of the Naval Staff so considers fit and the offence is one which is triable under the Act.