Chairperson and Members of Lokpal - Removal

 

1. The Chairperson or any member shall not be removed from his office except by an order of the President.
2. They can be removed on one or more of the following grounds:
• Proved misbehavior
• Professional or physical incapacity
• If he is adjudged to be insolvent
• Has been charged of an offence which involves moral turpitude
• If he engages during his term of office in any paid employment outside the duties of his office 
• Has acquired such financial interests or other interests which are likely to affect prejudicially his functions as member or Chairperson.
• If he is guided by considerations extraneous to the merits of the case either to favor someone or to implicate someone through any act of omission or commission.
• If any member or Chairperson tries to or actually unduly influences any government functionary. 
• If he commits any act of omission or commission which is punishable under Prevention of Corruption Act or is a misconduct.
• If a member or the Chairperson in any way, concerned or interested in any contract or agreement made by or on behalf of the Government of India or participates in any way in the profit thereof or in any benefit or emolument arising there from otherwise than as a member and in common with the other members of an incorporated company, he shall be deemed to be guilty of misbehavior.
3. The following process shall be followed for the removal of any member or Chairperson:
• Any person may move an application/petition before the Supreme Court seeking removal of one or more of the members of Chairperson of Lokpal alleging one or more of the grounds for removal and providing evidence for the same.
• Supreme Court will hear the matter by a bench of three or more Judges on receipt of such petition and may take one or more of the following steps:
• (i) order an investigation to be done by a Special Investigation Team appointed by the Supreme Court if a prima facie case is made out and if the matter cannot be judged based on affidavits of the parties. The Special Investigation Team shall submit its report within three months.
• Pending investigations under sub-clause (i) by Special Investigation Team, the Supreme Court may decide to order withdrawal of part or complete work from that member. 
• dismiss the petition if no case is made out
• if the grounds are proved, recommend to the President for removal of the said member or Chairperson
• direct registration and investigation of cases with appropriate agencies if there is prima facie case of commission of an offence punishable under Prevention of Corruption Act.
• The three judge bench shall be constituted by a panel of five seniormost judges of the Supreme Court. Provided that if there are any proceedings going on against any judge in Lokpal, he shall not be a part of either the panel or the bench.
• The Supreme Court shall not dismiss such petitions in liminae.
• If the Supreme Court concludes that the petition has been made with mischievous or malafide motives, the Court may order imposition of fine or imprisonment upto one year against the complainant.
• On receipt of a recommendation from the Supreme Court under this section, the Prime Minister shall recommend it to the President immediately and the President shall order removal of said members within a month of receipt of the same.