Resignation and removal

(1) The State Chief Commissioner or State Commissioner may, by notice in writing under his hand addressed to the State Government, resign his office: Provided that the said State Chief Commissioner or State Commissioner shall, unless he is permitted by the State Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person, duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is earliest. (2) The State Chief Commissioner or State Commissioner shall not be removed from his office except by an order by the State Government on the ground of proved misbehaviour or incapacity after an inquiry made by a Judge of the High Court in which the State Chief Commissioner or the State Commissioner concerned has been informed of the charges against him and given a reasonable opportunity of being heard in respect of such charges. (3) The State Government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the State Chief Commissioner or such State Commissioner.