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Section 7

The Delhi Electricity Reform Act 2000Union territory Act of Delhi · Act 2 of 2001

(1) Subject to the provisions of sub-section (3), any member of the Commission shall only be removed from his office by order of the Lieutenant Governor on the ground of proved misbehaviour after the High Court, on reference being made to it by the Lieutenant Governor, has, on inquiry held in accordance with the procedure prescribed in that behalf by the High Court, reported that the member ought on any such ground to be removed.

(2) The Lieutenant Governor may suspend any member of the Commission in respect of whom a reference has been made to the High Court under sub-section (1) until the Lieutenant Governor has passed orders on the receipt of the report of the High Court on such reference.

7 3) Notwithstanding anything contained in sub-section (1), the Lieutenant Governor may, by order, remove from office the member if he – has been adjudged an insolvent; or has been convicted of an offence which, in the opinion of the Government, involves moral turpitude; or has become physically or mentally incapable of acting as a member; or has acquired such financial or other interest as is likely to affect prejudicially his functions as a member; or has so abused his position as to render his continuance in office prejudicial to the public interest; or has without reasonable cause refused or failed to act for a period of atleast six months; or ceases to fulfill any of the conditions of his appointment as member.

(4) Notwithstanding anything contained in sub-section (3), no member shall be removed from his office on the ground specified in clause (d) or in clause (e) of that subsection unless the High Court on a reference being made to it in this behalf by the Lieutenant Governor, has, on an inquiry held by it in accordance with such procedure as prescribed in this behalf by the High Court, reported that the member ought on such ground or grounds to be removed.

(5) The Government shall act in accordance with the recommendation in the final report under sub-section (4) and the Government shall communicate its decision to the member concerned within a period of two months of the receipt of such report.

(6) A member who has been removed shall not be eligible for re-appointment as a member or in any other capacity in the Commission or in the Government or in any Government undertakings.

(7) If the member removed under this section is the Chairperson of the Commission, he shall cease to be the Chairperson of the Commission.

(8) Nothing contained in this section shall be construed to exclude the jurisdiction of the Lokayukta and Uplokayukta.

Where this provision sits

ActThe Delhi Electricity Reform Act 2000
Section7
JurisdictionUnion territory of Delhi
StatusIn force as published by the source

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