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Report No. 161

8. Removal of Chief Vigilance Commissioner or Vigilance Commissioner.-

(1) Subject to the provisions of sub-section (3), the Chief Vigilance Commissioner or the Vigilance Commissioner shall only be removed from his office by order of the President on the ground of proved misbehaviour after the Supreme Court, on reference being made to it by the President, has, on inquiry, held in accordance with the procedure prescribed in that behalf by the Supreme Court, reported that the Chief Vigilance Commissioner or Vigilance Commissioner, ought on any such ground to be removed.

(2) The President may, in consultation with the Chief Justice of India, suspend the Chief Vigilance Commissioner or any Vigilance Commissioner of the Central Vigilance Commission in respect of whom a reference has been made to the Supreme Court under sub-section (1) until the President has passed order on receipt of the report of the Supreme Court.

(3) Notwithstanding anything contained in sub-section (1), the President 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) has been adjudged as insolvent; or

(b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or

(c) has become physically or mentally incapable of acting as a Chief Vigilance Commissioner or a Vigilance Commissioner; or

(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Chief Vigilance Commissioner or a Vigilance Commissioner; or

(4) Notwithstanding anything contained in sub-section (3), no Chief Vigilance Commissioner or Vigilance Commissioner shall be removed from his office on the ground specified in clause (d) of that sub-section unless the Supreme Court, on a reference being made to it in this behalf by the President, has, on an enquiry, held by it in accordance with such procedure as prescribed in this behalf by the Supreme Court, reported that he ought, on such ground or grounds, to be removed.



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