Page 19 of 82 (a) any situation specified in clauses (a) to (g) of sub-section 10(2) occurs; or (b) he is found guilty of corruption, misuse of power, gross misconduct or gross negligence in duty. (3) If the Government is of opinion that a Commissioner is unfit to hold that office on any ground specified in sub-section (2), the Government shall constitute an Enquiry Committee consisting of one or more judges of the Supreme Court, and shall also specify in the order by which the committee is constituted the time limit for submission of the enquiry report. (4) The Committee constituted under sub-section (3) shall, on the basis of specific information and reasons, submit a report as to whether or not the allegations brought against the Commissioner have been proved and whether or not he should be removed from his office, and the Government shall, as far as possible, take action in accordance with the recommendation contained in the report. (5) The Government shall not remove any Commissioner under this section without giving him an opportunity of showing cause against the proposed removal. (6) Where the Enquiry Committee is constituted under sub-section (3), the Government may, in consideration of the relevant circumstances, direct the Commissioner to refrain from performing the functions of his office, and the Commissioner shall be bound to comply with such direction. (7) The Enquiry Committee shall be deemed to be a Commission appointed under the Commission of Enquiry Act, 1956 (VI of 1956) and the provisions of that Act shall, subject to this Act, apply to the Committee. 13. Filling in casual vacancy in Commissioner’s office.- Where the office of a Commissioner falls vacant due to his death, resignation or removal, the Government shall, within 30 days of such vacancy, appoint a competent person to the vacant office. 14. Chief executive.- The Chairman shall be the chief executive of the Commission; and where the Chairman is unable to perform the functions of his office due to resignation, removal, absence, illness or any other cause, the Vice-Chairman shall be competent to exercise all the powers and perform all the functions and duties of the Chairman till a new Chairman is appointed or, as the case may be, the existing Chairman BTRC-TelecomLaw2001.doc 19 - 19 -

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