The Lokpal and Lokayuktas Act, 2013
Chapter X Complaints against Chairperson, Members and Officials
of Lokpal
37. Removal and suspension of Chairperson and
Members of Lokpal.
1. The
Lokpal shall not inquire into any complaint made against the Chairperson or any
Member.
2. Subject
to the provisions of sub-section (4 ), the Chairperson or any Member
shall be removed from his office by order of the President on grounds of
misbehaviour after the Supreme Court, on a reference being made to it by the
President on a petition signed by at least one hundred Members of Parliament
has, on an inquiry held in accordance with the procedure prescribed in that
behalf, reported that the Chairperson or such Member, as the case may be, ought
to be removed on such ground.
3. The
President may suspend from office the Chairperson or any Member in respect of
whom a reference has been made to the Supreme Court under sub-section (2 ),
on receipt of the recommendation or interim order made by the Supreme Court in
this regard until the President has passed orders on receipt of the final
report of the Supreme Court on such reference.
4. Notwithstanding
anything contained in sub-section (2 ), the President may, by order,
remove from the office, the Chairperson or any Member if the Chairperson or
such 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, in the opinion of the President, unfit to continue in office
by reason of infirmity of mind or body.
5. If the
Chairperson or any Member is, or becomes, in any way concerned or interested in
any contract or agreement made by or on behalf of the Government of India or
the Government of a State 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, for the
purposes of sub-section (2 ), be deemed to be guilty of misbehaviour.