Bhopal (Madhya Pradesh): Former IAS officer AP Shrivastava is in a tight spot for not resigning from the post of the chairman of Real Estate Regulatory Authority (RERA). The state government issued an order on February 13, removing Shrivastava from the post.
The government released a list consisting of the names of 46 people who were removed from corporations, boards and other organisations. The list consisted of Shrivastava’s name.
As the government cannot directly remove the RERA chairman, Shrivastava refused to quit. According to sources, during that period, Shrivastava was angry with the senior officers of the government. A dispute between Shrivastava and the government began after his refusal to resign.
Since the Lok Sabha election was announced, the Model Code of Conduct (MCC) had been in force since March. Therefore, government’s plan to remove him was put on the ice. After the lifting of MCC, the state has again become active to remove Shrivastava.
On the other hand, he has stuck to his guns over not resigning from the post. A preliminary case, filed against him in EOW, is seen as connection with his refusal to resign. According to resources, the government may order an inquiry headed by a high court judge to start the process for his removal.
Rules to remove RERA chairman, its members
The rules for removing the chairman and the members of RERA have been made in section 26 of the Real Estate Act. Action can be taken only after an inquiry by a high court judge. The person concerned will have to be informed about the charges made against him and given an opportunity to put up his side of the story through hearings. He may be removed under following circumstances:
“If the chairman is declared bankrupt”
“If he is charged with committing some immoral act”
“If he is physically and mentally ill and unable to work”
“If he has accumulated properties disproportionate to his known sources of income and which has come in the way of his working.”
“If he has misused his position and if it is against public interest.”