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Section 16

The Uttarakhand Right to Service Act, 2011State Act of Uttarakhand · Act 20 of 2011

(1) The State Government may remove the Chief Commissioner or any Commissioner from office after complying with the provisions of Sub-section (2), if he has—

(i) been adjudged insolvent; or

(ii) been convicted of an offence which, in the opinion of the State Government, involves moral turpitude; or

(iii) become physically or mentally incapable; or

(iv) acquired such financial or other interest as is likely to affect prejudicially his functions in any of the said capacities; or

(v) so abused his position as to render his continuance in office prejudicial to public interest.

(2) Notwithstanding anything contained in sub-section(1), the Chief Commissioner or any Commissioner, shall not be removed from his office, unless,--

(i) A reference is made by the State Government to the Chief Justice of the High Court of Uttarakhand State seeking an - 22 - enquiry and recommendation on the proposed removal of the Chief Commissioner or the Commissioner along with the grounds for the removal and material supporting such proposal;

(ii) the reference if 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

(iii) the inquiry committee makes recommendation that the Chief Commissioner or the Commissioner ought to be removed on such ground or grounds.

(3) The State Government may suspend the Chief Commissioner or the Commissioner in respect of whom a reference has been made to the Chief Justice under sub-section (2).

Powers and functions of the Uttarakhand Right to Service Commission

Where this provision sits

ActThe Uttarakhand Right to Service Act, 2011
Section16
JurisdictionState of Uttarakhand
StatusIn force as published by the source

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