(1) In accordance with sub-rule (7) of rule 32, if the performance of the executive head cannot be performed in accordance with the performance contract, the performance level of the executive head will be considered unsatisfactory and on the basis of that, the Nepal government will remove him from that position.
(2) If he is to be removed from that position according to sub-rule (1), if there is any reason why he should not be removed, the Government of Nepal will give him an opportunity to clarify and demand an explanation from him to submit within seven days.
(3) In accordance with sub-rule (2), the executive head shall submit an explanation to the Government of Nepal through the Chief Secretary of the Government of Nepal, including the reasons why he should not be removed within the prescribed period, for asking for an explanation after giving an opportunity for clarification.
(4) If the explanation submitted according to sub-rule (3) is found to be satisfactory, the Government of Nepal, the Council of Ministers will give up to three months time to improve the level of performance of the executive head so that the performance contract is compatible.
(5) If the explanation is not submitted according to sub-rule (3) or if the explanation submitted is not satisfactory or if there is no improvement in the level of performance of the executive head within the time limit given according to sub-rule (4), the Government of Nepal, the Council of Ministers will remove him from that position.