section 7
Removal of chairperson or members
Madhya Pradesh Vidyut Sudhar Adhiniyam, 2000Infrastructure200061 sections14 chapters
Chapter II MADHYA PRADESH ELECTRICITY REGULATORY COMMISSION
Statutory text
Removal of chairperson or members:
7 .(1) A member of the Commission who-
- (a) has been adjudged an insolvent, or
- (b) has been convicted of an offence involving moral turpitude or
- (c) has become physically or mentally incapable of acting as such member, or
- (d) has without reasonable cause refused or failed to act for a period of at least three months, or
- (e) ceases to fulfill any of the conditions of appointment as member, or
- (u) has acquired such financial or other interest that can affect prejudicially his functions as a member, or
- (v) has conducted himself in a manner prejudicial to the public interest has so abused the position as to render his continuance in the office prejudicial to the public interest or to the objects and purposes of the Act. may be removed from his office.
- (2) Except, where a member admits the charge, in writing, he shall not be removed from the office on the ground specified in clause (c), (d), (e), (f), or (g) of sub-section (1) until a sitting judge of the High Court, as recommended by the Chief Justice of the High Court on a reference being made in this behalf by the State Government, has, on an inquiry, held in accordance with such procedure as may be prescribed in this behalf by the High Court, reported that the member ought on such ground or grounds to be removed
- (3) Pending the inquiry against the member under sub-section (2), the State Government may suspend the member from acting as chairperson or member of the Commission, only if the Chief Justice of the High Court or the judge appointed under sub-section (2) to carry out the inquiry, recommends such suspension.
- (4) A person who has been removed from the office of chairperson or member of the Commission shall not be eligible for re-appointment in any capacity in the Commission.
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