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State of Jammu-Kashmir - Section

Section 6 in The Jammu and Kashmir State Vigilance Commission Act, 2011

6. Removal of Chief Vigilance Commissioner and Vigilance Commissioner.

(1)Subject to the provisions of sub-section (3), the Chief Vigilance Commissioner or any Vigilance Commissioner shall be removed from his office by the [Governor] [Substituted 'Government' by Act No. XX of 2011, dated 18.10.2011.] on the ground of proved misbehaviour or incapacity after an inquiry conducted by a Sitting or a retired Judge of the High Court, on a reference made to him by the [Governor] [Substituted 'Government' by Act No. XX of 2011, dated 18.10.2011.], has, reported that the Chief Vigilance Commissioner or any Vigilance Commissioner, as the case may be, ought on such ground be removed.
(2)The [Governor] [Substituted 'Government' by Act No. XX of 2011, dated 18.10.2011.] may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the Chief Vigilance Commissioner or any Vigilance Commissioner in respect of whom a reference has been made to the Inquiry Officer under sub-section (1) until the [Governor] [Substituted 'Government' by Act No. XX of 2011, dated 18.10.2011.] has passed orders on receipt of the report of the Inquiry Officer on such reference.
(3)Notwithstanding anything contained in sub-section (1), the [Governor] [Substituted 'Government' by Act No. XX of 2011, dated 18.10.2011.] may by order remove from office the Chief Vigilance Commissioner or any Vigilance Commissioner if the Chief Vigilance Commissioner or such Vigilance Commissioner, as the case may be, -
(a)is adjudged an insolvent; or
(b)has been convicted of an offence which, in the opinion of the [Governor] [Substituted 'Government' by Act No. XX of 2011, dated 18.10.2011.], involves moral turpitude; or
(c)engages during his term of office in any paid employment outside the duties of his office; or
(d)is, in the opinion of the [Governor] [Substituted 'Government' by Act No. XX of 2011, dated 18.10.2011.], unfit to continue in office by reason of infirmity of mind or body; or
(e)has acquired such financial or other interest as is likely to affect prejudicially his functions as the Chief Vigilance Commissioner or a Vigilance Commissioner.
(4)If the Chief Vigilance Commissioner or any Vigilance Commissioner is or becomes in any way, concerned or interested in any contract or agreement made by or on behalf of the [Governor] [Substituted 'Government' by Act No. XX of 2011, dated 18.10.2011.] or participates in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section (1), be deemed to be guilty of misbehaviour.