(1) When it is proposed to terminate the service of an officer under section 15 on account of misconduct, he shall be given an opportunity to show cause in the manner specified in sub-regulation (2) against that action:
Provided that this sub-regulation shall not apply:-
(a) Where the service is terminated on the ground of misconduct which has led to his conviction by a civil court; or
(b) Where the 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 Government or the Chief of the Naval Staff is satisfied that the trial of the officer by a court-martial is inexpedient or impracticable, but is of the opinion that the further retention of the said officer in the service is undesirable, the chief of the Naval Staff shall so inform the officer together with all reports adverse to him and he shall be called upon to submit, in writing, his explanation and defence;
Provided that the Chief of the Naval Staff may withhold from disclosure any such report or portion thereof it, in his opinion, its disclosure is not in the interest of the security of the state.
(3) In the event of the explanation of the officer being considered unsatisfactory by the Chief of the Naval Staff, or when so directed by the Government, the case shall be submitted to the Government with the officer’s defence and the recommendation of the Chief of the Naval Staff as to the termination of the officer’s service in the manner specified in sub-regulation (5).
(4) DELETED
(5) When submitting a case to the Government under sub-regulation (3), the Chief of the Naval Staff shall make his recommendation whether the officer’s service should be terminated and if so, whether the officer should be-
(a) dismissed from the Naval Service; or
(b) discharged from the service; or
(c) called upon to retire; or
(d) called upon to resign.
(6) The Government after considering the reports and the officer’s defence, if any, as the case may be, and the recommendation of the Chief of the Naval Staff, may dismiss or discharge the officer with or without pension or call upon him to retire or resign and on his refusing to do so, the officer may be compulsorily retired or discharged form the service on pension or gratuity, if any, admissible to him.