Rule 12
Procedure For Removal Of Chief Executive Officer From The Posts
(1) If the Chief Executive Officer fails to discharge duty pursuant to Sub-section (4) of Section 14 of Act, the committee shall constitute a Three-member inquiry Subcommittee consisting of a member of the committee as well to inquire that matter.
(2) The inquiry Sub-committee, under Sub-rule (1), in the course of inquiry may call Chief Executive Officer and other concerned persons to appear before the Sub-committee for necessary inquiry, to take statement and to collect necessary documents and evidence.
(3) After completion of inquiry, the inquiry Sub-committee shall submit its report along with its opinion to the committee.
(4) If the report submitted by the Inquiry Committee pursuant to Sub-rule(3) reveals that the Chief Executive Officer is found to have carried out an act against the interest of the Board causing thereby a loss to the Board or not discharged duties in consistency with the direction of the committee, the committee shall issue a notice to the Chief Executive Officer with reasons and grounds to submit clarification in a reasonable time. On non-submission of clarification by the Chief Executive Officer within said time period or on his/her clarification being unsatisfactory, the committee may remove Chief Executive Officer from the post.
(5) If the Committee considers the continuation of the duty of the post of the Chief Executive Officer may be in against of the interest of the Board, the committee may prevent from discharging duty or suspend such Chief Executive Officer until the inquiry is complete, after the Sub-committee to examine the allegation made against the Chief Executive Officer is formed pursuant to this Rule.
(6) In case, it is so proved that the loss was made to the Board knowingly by the Chief Executive Officer, the board shall initiate for necessary action to recover the loss made by such Chief Executive Officer.
(2) The inquiry Sub-committee, under Sub-rule (1), in the course of inquiry may call Chief Executive Officer and other concerned persons to appear before the Sub-committee for necessary inquiry, to take statement and to collect necessary documents and evidence.
(3) After completion of inquiry, the inquiry Sub-committee shall submit its report along with its opinion to the committee.
(4) If the report submitted by the Inquiry Committee pursuant to Sub-rule(3) reveals that the Chief Executive Officer is found to have carried out an act against the interest of the Board causing thereby a loss to the Board or not discharged duties in consistency with the direction of the committee, the committee shall issue a notice to the Chief Executive Officer with reasons and grounds to submit clarification in a reasonable time. On non-submission of clarification by the Chief Executive Officer within said time period or on his/her clarification being unsatisfactory, the committee may remove Chief Executive Officer from the post.
(5) If the Committee considers the continuation of the duty of the post of the Chief Executive Officer may be in against of the interest of the Board, the committee may prevent from discharging duty or suspend such Chief Executive Officer until the inquiry is complete, after the Sub-committee to examine the allegation made against the Chief Executive Officer is formed pursuant to this Rule.
(6) In case, it is so proved that the loss was made to the Board knowingly by the Chief Executive Officer, the board shall initiate for necessary action to recover the loss made by such Chief Executive Officer.