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State of Karnataka - Section

Section 7 in Karnataka Electricity Reform Act, 1999

7. Removal of Members .

(1)Subject to the provisions of sub-sections (2) and (3), the Governor may remove from office any member, who,-
(a)has been adjudged an undischarged insolvent; or
(b)has been convicted of an offence involving moral turpitude; or
(c)has become physically or mentally incapable of acting as such member; or
(d)has without reasonable cause, refused or failed to discharge his functions for a period of atleast three months; or
(e)ceases to fulfill any of the conditions of his appointment as member; or
(f)has acquired such financial or other interest that can affect pre-judicially his functions as a member; or
(g)has conducted himself in a manner or has so abused his position as to render his continuance in office prejudicial to the public interest or to the objects and purpose of the Act .
(2)
(a)Except where a member admits the charge in writing, no member shall be removed from his office on the grounds specified in clauses (c), (d), (e), (f) and (g) of sub-section (1) until a sitting judge of the High Court of Karnataka, as recommended by the Chief Justice of the High Court at the relevant time, has carried out an investigation and has forwarded a report to the Governor;
(b)Pending the investigation against a member under clause (a), the Governor may suspend the member from acting as Chairman or member, if the Judge appointed under clause (a) to carry out the investigation recommends the suspension.
(3)The Governor shall act in accordance with the recommendation under sub-section (2) and communicate the decision to the member concerned within a period of thirty days of the receipt of the report under sub-section (2).
(4)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 State Government or in any State Government undertakings, at any time.
(5)If the member removed under this section is the Chairman, he shall cease to be the Chairman.
(6)The vacancy caused by the removal of the member shall be filled in the same manner as provided for the appointment of a member or designation of the Chairman.