Commission takes any decision in respect of that firm, company, corporation or
other organization, although the Commissioner may remain present in the
meeting.
12.
Resignation and removal of Commissioners.- (1) Any Commissioner
may resign from his office by sending to the Government a written notice of
three months, and a copy thereof to the Chairman or, where the Chairman
himself resigns, to the Vice-Chairman :
Provided that despite such resignation the Government may, pending
formal acceptance thereof, request the resigning Commissioner to continue to
perform his functions.
(2)
A Commissioner may be removed from office, if (a)
any situation specified in clauses (a) to (g) of sub-section
10(2) occurs; or
(b) he is found guilty of corruption, misuse of power, gross
misconduct or gross negligence in duty.
(3)
If the Government is of opinion that a Commissioner is unfit to
hold that office on any ground specified in sub-section (2), the Government
shall constitute an Enquiry Committee consisting of one or more judges of the
Supreme Court, and shall also specify in the order by which the committee is
constituted the time limit for submission of the enquiry report.
(4)
The Committee constituted under sub-section (3) shall, on the
basis of specific information and reasons, submit a report as to whether or not
the allegations brought against the Commissioner have been proved and
whether or not he should be removed from his office, and the Government
shall, as far as possible, take action in accordance with the recommendation
contained in the report.
(5)
The Government shall not remove any Commissioner under this
section without giving him an opportunity of showing cause against the
proposed removal.
(6)
Where the Enquiry Committee is constituted under sub-section
(3), the Government may, in consideration of the relevant circumstances, direct
Page 17 of 87
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