Section 40 in The Chhattisgarh Panchayat Raj Adhiniyam, 1993
40. Removal of office-bearers of Panchayat.
(1)The State Government or the prescribed authority may after such enquiry as it may deem fit to make at any time, remove an office-bearer,-(a)if he has been guilty of misconduct in the discharge of his duties; or(b)if his continuance in office is undesirable in the interest of the public :Provided that no person shall be removed unless he has been given an opportunity to show cause why he should not be removed from his office.Explanation. - For the purpose of this sub-section "Misconduct" shall include,-(a)any action adversely affecting,-(i)the sovereignty, unity and integrity of India; or(ii)the harmony and the spirit of common brotherhood amongst all the people of State transcending religious, linguistic, regional, caste or sectional diversities; or(iii)the dignity of women; or(b)gross negligence in the discharge of the duties under this Act;(c)the use of position or influence directly or indirectly to secure employment for any relative in the Panchayat or any action for extending any pecuniary benefits to any relative, such as giving out any type of lease, getting any work done through them in the Panchayat by an office-bearer of Panchayat.Explanation. - For the purpose of this clause, the expression 'relative' shall mean father, mother, brother, sister, husband, wife, son, daughter, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law or daughter-in-law :Provided that the final order in the inquiry shall as far as possible be passed within 90 days from the date of issue of show cause notice to the concerned office-bearer.(2)A person who has been removed under sub-section (1) shall forthwith cease to be a member of any other Panchayat of which he is a member, such person shall also be disqualified for a period of six years to be elected under this Act.
