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The term used " proved misbehaviour or incapacity" in Section 23 of Human Right Act is the matter of debate in the present context. Legal issues involved to be discussed herein are as follow:- (1) whether the proved sexual abuse by the Ganguly has any concern with the term phrased above in the section itself for the ground of removal? (2) whether the term "proved misbehaviour or incapacity" includes sexual abuse before and outside the holding of office of the President of Human right commission? (3)Whether the said phraseology has only concerned with the official discharge of duty assigned thereto? (4) whether the said ground incurs even in case of previous incidents? (5) What is the parametre of the term "proved misbehavior or incapacity"? (6) Whether propriety could be taken into consideration by the executive for the removal of the Ganguly? (7)Whether the Union executive and the Supreme Court have jurisdiction in any manner to deal with the matter of removal of the Ganguly for his past proved misconduct having no concern with the official discharge of duty presently assigned?

Posted by Bindeshwar Sah on 20/12/2013 22:05:20

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