14. Termination of service by the Central Government on account of misconduct. —(1) When it is proposed to terminate the service of an officer under section 19 on account of misconduct, he shall be given an opportunity to show cause in the manner specified is sub-rule (2) against such action—
Provided that this sub-rule shall not apply—
(a) Where the service is terminated on the ground of misconduct which has led to his conviction by a criminal court; or
(b) Where the Central 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 Central Government or the Chief of the Army 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 Army 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 Army Staff may withhold from disclosure any such report or portion thereof if, in his opinion, its disclosure is not in the interest of the security of the State.
In the event of the explanation of the officer being considered unsatisfactory by the Chief of the Army Staff, or when so directed by the Central Government, the case shall be submitted to the Central Government, with the officer’s defence and the recommendation of the Chief of the Army Staff as to the termination of the officer’s service in the manner specified in sub-rule (4).
(3) Where, upon the conviction of an officer by a criminal court, the Central Government or the Chief of the Army Staff considers that the conduct of the officer which has led to his conviction renders his further retention in service undesirable a certified copy of the judgment of the criminal court convicting him shall be submitted to the Central Government with the recommendation of the Chief of the Army Staff as to the termination of the officer’s service in the manner specified in sub-rule (4).
(4) When submitting a case to the Central Government under the provisions of sub-rule (2) or sub-rule (3), the Chief of the Army 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 service; or
(b) Removed from the service; or
(c) Compulsorily retired from the service.
(5) The Central Government after considering the reports and the officer’s defence, if any, or the judgment of the criminal court, as the case may be, and the recommendation of the Chief of the Army Staff, may—
(a) Dismiss or remove the officer with or without pension or gratuity; or
(b) Compulsorily retire him from the service with pension and gratuity, if any, admissible to him.
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