Section 23: Removal and suspension from office

23. Removal and suspension from office (1) Subject to subsections (2) to (5), the Executive Director shall be removed from office where— (a) he has acted improperly in the discharge of his functions as Executive Director; (b) he becomes disqualified under section 22 to hold office as Executive Director; (c) he becomes physically or mentally incapable of performing his duties as Executive Director. [Issue 2] C36A – 10 Revised Laws of Mauritius (2) Where the Prime Minister considers that the question of removing the Executive Director ought to be investigated, he shall appoint a Disciplinary Committee which shall be presided by a person who holds or has held office as a Judge of the Supreme Court and 2 other members. (3) The Disciplinary Committee appointed under subsection (2) shall enquire into the matter and shall forward its report to the Prime Minister with a recommendation as to whether the Executive Director ought to be removed under this section. (4) Where the Disciplinary Committee recommends that the Executive Director ought to be removed, the Executive Director shall be removed from office by the President acting on the advice of the Prime Minister. (5) The Prime Minister may, in writing, suspend the Executive Director from office where— (a) the question of removing the Executive Director has been referred to a Disciplinary Committee under this section; or (b) criminal proceedings are instituted or are contemplated against the Executive Director for an offence in respect of which a sentence of imprisonment may be imposed.