Section 39 – Real Estate (Regulation and Development) Act, 2016

(1) In the event of the State Government becoming aware
of occurrence of any of the circumstances specified in clause (d) or clause (e) of sub-section (1) of
section 26 in case of a Chairperson or Member of the Authority or as specified under sub-section
(1) of section 49 in case of a Chairperson or Member of the Appellate Tribunal, either by receipt of
a complaint in this regard or suo motu, as the case may be, the State Government shall make a
preliminary scrutiny with respect to such charges against the Chairperson or any Member of the
Authority or Appellate Tribunal, as the case may be.
(2) If, on preliminary scrutiny, the State Government considers it necessary to investigate
into the allegation, it shall place the complaint, if any, together with supporting material as may be
available, before the Chief Justice of the High Court to appoint a seating Judge of the High Court.
(3) The State Government shall forward to the Judge, appointed under sub-rules (2) copies
of,-
(a) the statement of charges against the Chairperson or Member of the Authority or
Appellate Tribunal, as the case may be; and
(b) material documents relevant to the inquiry.
(4) The Chairperson or Member of the Authority or Appellate Tribunal, as the case may be,
shall be given a reasonable opportunity of being heard with respect to the charges within the time
period as may be specified in this behalf by the Judge conducting the enquire in the matter .
(5) Where it is alleged that the Chairperson or Member of the Authority or Appellate
Tribunal is unable to discharge the duties of his office efficiently due to any physical or mental
incapacity and the allegation is denied, the such Judge may arrange for the medical examination of
the Chairperson or Member of the Authority or Appellate Tribunal.
(6) After the conclusion of the investigation, the Judge shall submit his report to the State
Government stating therein his findings and the reasons thereof on each of the articles of charges
separately with such observations on the whole case as he thinks fit.
(7) Thereafter, the State Government shall in consultation with the Chief Justice of the High
Court decide to either remove or not to remove the Chairperson or Member of the Authority or
Appellate Tribunal, as the case may be.