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Union of India - Section

Section 130 in The Naval Ceremonial, Conditions Of Service And Miscellaneous Regulations, 1964

130. General Regulations.

(1)Officers shall not be permitted to select or decline appointments.
(2)Applications to have an appointment cancelled shall not be made except for urgent reasons, which are to be stated fully in writing. If an officer makes such an application, his Commanding Officer or Superior Authority shall state whether or not he recommends that the application shall be granted.
(3)Applications for appointments to particular ships or establishments shall be considered as objectionable and shall not be forwarded to the Chief of the Naval Staff; but if two officers desire to exchange their appointments, and provided that adequate reasons are given, an application for exchange may be submitted, the Captains of the respective ships stating thereon that they have no obejction to the request being complied with; but if they have objections, these shall be specified.
(4)The Captain shall bear in mind that no application for the discharge or transfer of an officer from his ship, nor for such lengthened leave of absence as might render his return improbable, will be entertained unless he shall certify on the application that he is satisfied with the conduct of shall officer; he shall also certify on every application for survey on an officer, as well as for his discharge or transfer, that the request is not made for the purpose of removing the officer from the ship in consequence of any misconduct.
(5)Though the conduct of an officer may not be such as to warrant disciplinary action by court-martial or disciplinary court, he may be considered unsuitable for the appointment he holds, for example, through lack of professional ability, personal qualities or conduct. Where his shortcomings compel his Commanding Officer to apply for his relief, the officer shall be fully informed before the application is forwarded to the Administrative Authority; the application must be accompanied by or comprised in a report upon the officer, and those adverse parts of the report of which the officer has been informed shall be underlined in red ink. (The adverse remarks shall be shown to the officer in accordance with instructions issued by the Chief of the Naval Staff from time to time.)