section 22
Removal and suspension of the Chairperson and member from office in certain circumstances
The Uttarakhand Investment and Infrastructure (Development and Regulation) Act, 2023(1) The state Government may remove the chairperson or any member from office after complying with the provisions of sub-section (2), if he has: a) been adjudged insolvent; or b) been convicted of an contravention which, in the opinion of the State Government, involves moral turpitude; or c) become physically or mentally incapable; or d) acquired such financial or other interest as is likely to affect prejudicially his functions in any of the said capacities; or e) so abused his position as to render his continuance in office prejudicial to the public interest (2) Notwithstanding anything contained in sub-section (1), the Chairperson or member, as the case may be, shall not be removed from his office unless: a) a reference is made by the State Government to the Chief Justice of the High Court of Uttarakhand seeking an enquiry and recommendation on the proposed removal of the Chairperson or member along with the grounds for the removal and material supporting such proposal; b) the reference is duly enquired into by an inquiry committee headed by a sitting or retired High Court Judge or any other person appointed by the Chief Justice of the High Court of Uttarakhand; and c) the enquiry committee makes recommendation that the Chairperson or member ought to be removed on such ground or grounds. (3) The State Government may suspend the Chairperson or any member(s) of the Authority in respect of whom a reference has been made to the Chief Justice under sub-section (2), until any recommendation is made by the inquiry committee appointed by the Chief Justice.
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