Section 11 of CA, 2002 : Section 11: Resignation, Removal And Suspension Of Chairperson And Other Members

Explanation using Example

Imagine Mr. Sharma is a Member of the Competition Commission of India (CCI). He decides to resign from his position for personal reasons. He writes a resignation letter to the Central Government, stating his intention to leave the office. According to Section 11(1) of The Competition Act, 2002, Mr. Sharma is expected to continue his duties for three more months from the date his resignation is received by the government, unless the government allows him to leave sooner. This is to ensure a smooth transition until a new member is appointed or until his term would have naturally ended, whichever comes first.

In another scenario, suppose it is discovered that Mr. Sharma, during his tenure, started a consulting business and is receiving a salary from it. This would be a violation of Section 11(2)(b) as he engaged in paid employment during his term. The Central Government might consider this a conflict of interest and remove him from his position. However, if the issue relates to Mr. Sharma acquiring interests that could prejudicially affect his functions, or if he has abused his position, under Section 11(3), the matter would need to be referred to the Supreme Court, and he would only be removed if the Supreme Court, after following the prescribed procedure, advises his removal.