Section 10 in The Gujarat Electricity Industry (Reorganisation and Regulation) Act, 2003
10. Removal and resignation of member.
(1)Notwithstanding anything contained in sub-section (1) of Section 7, the State Government may at any time remove any member from office if in its opinion such a member-(a)is or has become subject to any of the disqualifications mentioned in Section 9,(b)has been guilty of misconduct in discharge of his duties,(c)has become physically or mentally incapable of discharging his duties as a member,(d)has so abused his position as to render his continuance in office prejudicial to public interest, or(e)has without reasonable cause refused or failed to perform his duties for a period of not less than three months:Provided that no member shall be removed from his office-(i)on the ground specified in clause (f) or (g) of Section 9 or clause (b), (c), (d) or (e) of this sub-section unless the High Court on a reference made to it in this behalf by the State Government has on an inquiry reported that the member is liable to be removed on such ground;(ii)on any ground specified in clauses (a) to (e) of Section 9, unless an opportunity of being heard is given to the member.(2)Pending an inquiry against Chairperson or a member under sub-section (1) the State Government may on the recommendation of the High Court suspend the Chairperson or the member from his office.(3)Any member may resign from his office by giving notice in writing, for such period as may be prescribed to the State Government and on such resignation being accepted by the State Government he shall be deemed to have vacated his office.
