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Union of India - Section

Section 278 in The Naval Ceremonial, Conditions Of Service And Miscellaneous Regulations, 1964

278. Unsuitable, Incompetent or Undesirable Sailors.

(1)If the Commanding Officer finds that any sailor of the ship's company is unable, either through mental or physical incapacity or through incompetence, to perform the duties of the lowest [rank] [Substitued by S.R.O. 192, dated 10th September, 1973] in his branch to which he can be [reduced in rank] [Substitued by S.R.O. 192, dated 10th September, 1973], or if the retention of any sailor is considered undesirable on grounds of conduct or character, he shall take the appropriate course among the following:
(a)If the sailor volunteers for some other [rank] [Substitued by S.R.O. 192, dated 10th September, 1973] the duties of which he is considered competent to perform, application for transfer is to be made in accordance with Regulation 273. When sailors, who are serving in a different branch from that in which they were entered, are found unsuitable for the duties of the lowest [rank] [Substitued by S.R.O. 192, dated 10th September, 1973] to which they can be reverted in their present branch, application may be made for compulsory reversion to their original branch.
(b)Full particulars accompanied by the sailor's service documents shall be forwarded to the Captain Naval Barracks through the Administrative Authority, for transmission to the Chief of the Naval Staff, should he think fit, with a recommendation for discharge as 'Unsuitable'.
(c)Any sailor whose efficiency, physical condition or value to the Service becomes materially impaired may be recommended for discharge under this clause.
(2)In all cases of recommendations for discharge of sailors as 'Unsuitable' on grounds of professional incompetence, Captains shall establish clearly the fact that the sailor recommended for discharge has been given suitable warning and opportunity to improve. Evidence to this effect shall accompany the recommendation.
(3)Discharge 'Unsuitable' shall not be looked upon as a punishment, nor shall it be recommended for men who can properly be dealt with by a medical survey.
(4)Any Boy, Artificer Apprentice or Man, during probationary service, shall be liable to be discharged as 'Unsuitable' under orders of the authorities herein stated, if his progress or conduct is unsatisfactory.
(a)Boys at the Naval Training Establishments-by the Captain of the Training Establishment. In the case of Boys afloat, by the Captain Naval Barracks on the recommendation of the Captain of the ship in which the boy is borne.
(b)Artificer Apprentics-by the Captain of the Training Establishment concerned, unless he can be absorbed in any other branch.
(c)Direct Entry Sailors-by the Captain of the Training Establishment concerned during the period of training and thereafter by the Captain Naval Barracks.