S.L. 220.3 Art. 45Discharge.

(1) In addition to any other case provided for by the Act or of any regulations, rules or orders made thereunder, colour service may be terminated in the cases and manner hereafter provided:

(a) a recruit who has been attested but has not been finally approved may be rejected and discharged by his commanding officer on any of the following grounds -

(i) that he is unlikely to become an efficient soldier; or

(ii) that he is a misfit or an undesirable influence; or

(iii) that he is likely to bring discredit on the service, or

(iv) for any other reason in the interest of the service;

(b) a junior leader who has not been finally approved for engagement in man’s service, may be rejected and discharged by the Commander on grounds of inefficiency, misconduct or failure to maintain the standards of training set at any time up to final approval as aforesaid;

(c) a man of the force who during his service is convicted by a civil court of an offence committed before his enlistment, or is convicted of an offence against article 18 or 66 of the Act, may have his colour service terminated by the Commander;

(d) a man of the force whose retention in the service is considered undesirable on account of -

(i) inefficiency; or

(ii) persistent petty breaches of discipline insufficient to warrant discharge for misconduct under paragraph (e); or

(iii) persistent indebtedness which has led to inefficiency or to indiscipline or to any action by the man that has repeatedly brought the service into disrepute, and in respect of whom the provisions of sub-regulation (2) have been observed, may have his colour service terminated by the Commander;

(e) a man of the force who during his service has been sentenced -

(i) by a civil court or a court-martial to imprisonment; or

(ii) by a civil court to detention; or

(iii) by a court-martial to a period of detention which on confirmation is for twelve months or more, shall be discharged unless in the opinion of the Commander his retention is desirable in the interests of the service;

(f) a man of the force who has been convicted by a civil court or by court-martial of an offence involving -

(i) serious dishonesty or violence; or

(ii) disgraceful conduct of a cruel, indecent or unnatural kind; or

(iii) contravention of any enactment relating to dangerous drugs, but has been awarded a lesser sentence than would warrant discharge under paragraph (e), may be discharged by the Commander if, on the commanding officer’s recommendation to that effect, he considers the man’s discharge to be in the interests of the service: For the purposes of this paragraph a person who has been placed on probation or has been discharged absolutely or conditionally by a civil court shall not be deemed to have been convicted;

(g) a deserter who in manner provided by article 87 of the Act has signed a written confession that he has been guilty of desertion may be discharged by the Commander, whether or not he has been sentenced by court-martial for that offence;

(h) a man of the force may be discharged by the commanding officer if he has become medically unfit for further service and is likely to remain so permanently, and is so certified in manner satisfactory to the commanding officer;

(i) the Commander may permit the termination of service by a man of the force free of charge at his request on compassionate grounds;

(j) a man of the force with more than three months’ service may, at his request, be allowed to terminate his service by the Commander against payment of such sum as the Minister may from time to time determine;

(k) a man of the force may be discharged by the Commander in any case in which the Commander is satisfied that, in the interest of the service, a man’s service is no longer required or should he terminated;

(1) a man of the force shall be discharged on appointment to a commission in the force;

(m) the Commander may permit a man of the force to terminate his engagement in order to re-enlist on another engagement.

(2) The provisions referred to in sub-regulation (1)(d) are:

(a) a man whose discharge is under consideration shall be informed by his commanding officer of his shortcomings and shall be warned by him in writing -

(i) that if his efficiency or conduct does not improve within three months, his discharge would be applied for, and

(ii) that if he persists in committing petty breaches of discipline, his immediate discharge will be applied for; and the man concerned shall be asked to sign the written warning in acknowledgement;

(b) a copy of the warning or of the signed warning, as the case may be, shall be sent to the Officer-in-Charge Records who shall retain it for the period of its validity, and shall then either retain it as proof that the man was properly warned if the man is discharged under the sub-paragraph aforesaid or destroy it if the warning period lapses and the man is retained in the service;

(c) after the written warning has been given, the man shall, if practicable, be cross-posted to another company or equivalent sub-unit under the same commanding officer for the period of the warning and shall be given adequate opportunity to improve;

(d) if breaches of discipline continue after the written warning has been given, the commanding officer may apply to the Commander for the man’s discharge, notwithstanding that the warning period may not have expired, and in such case the Commander may authorise the immediate discharge of the man if he considers such action essential for disciplinary reasons;

(e) if by the end of the warning period the man concerned has not shown satisfactory improvement the commanding officer shall apply for his discharge unless he considers that further time should be granted, in which case he shall re-impose the warning for a further period of three months, but shall not give any further extensions of time;

(f) if a man’s discharge is not applied for within one week of the expiration of the warning period, the warning shall lapse and the commanding officer shall notify the Officer-in-Charge records to that effect.

(3) An officer cadet who fails to reach the required standard at the military academy or other similar institution to which he has been entered under regulation 3 may terminate his engagement without completing his three years service as a soldier. Pay, allowances and pensions