Section 38:
Resignation and removal.
(1) The Chairperson, Vice-Chairperson and any other Member may,
by notice in writing under his hand addressed to the President of India, resign his office:
Provided that the Chairperson, Vice-Chairperson or any other Member shall, unless he is permitted by
the President of India to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters
upon his office or until the expiry of his term of office, whichever is earlier.
(2) The Chairperson, Vice-Chairperson or any other Member shall not be removed from his office
except by an order by the President of India on the ground of proved misbehaviour or incapacity after an
enquiry made by a Judge of the Supreme Court in which the Chairperson, Vice-Chairperson or other
Member has been informed of the charges against him and given a reasonable opportunity of being heard
in respect of those charges.
(3) The Central Government may, by rules, regulate the procedure for the investigation of
misbehaviour or incapacity of the Chairperson, Vice-Chairperson or other Member referred to in
sub-section (2).