Section 5 in The Jammu and Kashmir Protection of Human Rights Act, 1997
5. Removal of a Member of the Commission.
(1)Subject to the provisions of sub-section (2) the Chairperson or any other Member of the Commission shall only be removed from his office by order of the Governor on the ground of proved misbehaviour or incapacity after the High Court, on reference being made to it by the Governor has on inquiry held in accordance with the procedure prescribed in that behalf by the High Court, reported that the Chairperson or such other Member, as the case may be, ought on any such ground to be removed.(2)Notwithstanding anything in sub-section (1), the Governor may by order remove from office the Chairperson or any other Member if the chairperson or such other Member, as the case may be,-(a)is adjudged an insolvent; or(b)engages during his term of office in any paid employment outside the duties of his office; or(c)is unfit to continue in office by reason of infirmity of mind or body or(d)is of unsound mind and stand so declared by a competent court; or(e)is convicted and sentenced to imprisonoment for an offence which in the opinion of the Governor involves moral turpitude; or(f)[ is, without leave of absence from the Commission, absent for thirty days] [Clause (f) added by Act No. VII of 1998, section 2.].(3)[ The Chairperson or a Member may, by writing under his hand addressed to the Governor, resign from the Office of Chairperson or, as the case may be, of the member at any time] [Sub-section (3) added by Act No. VII of 1998, section 2.],
