www.lawcommission.gov.np Provided that this provision shall not apply in cases where the Judicial Council has removed him or her from office on the ground of inability to perform the duties of his or her office because of physical or mental illness. (3) The remuneration and other conditions of service of the Chief Judge or a Judge of the High Court shall not be altered to his or her disadvantage. Provided that this provision shall not apply in cases where a state of emergency is declared because of extreme economic disarrays. 142. Vacation of office of Chief Judge or Judge: (1) The office of Chief Judge or Judge of a High Court shall fall vacant in any of the following circumstances: (a) In case he or she tenders resignation in writing to the Chief Justice; (b) In case he or she attains the age of sixty-three years; (c) In case he or she is relieved of office by the Chief Justice on recommendation of the Judicial Council, on the ground of his or her incompetence, misconduct, failure to perform his or her duties honestly, performance of business with mala fide intention or serious violation by him or her of the code of conduct required to be observed by him or her; (d) In case he or she is removed from office by the Chief Justice on recommendation of the Judicial Council on the ground that he or she is unable to discharge his or her duties because of physical or mental illness; (e) In case he or she is convicted and punished by a court for a criminal offence involving moral turpitude; (f) In case he or she dies. (2) A Judge who is facing a charge shall be provided with a reasonable opportunity to defend himself or herself prior to removing him or her from the office pursuant to sub-clause (c) of clause (1). The Judge against whom the proceedings have been so instituted shall not be allowed to perform the duties of his or her office until the proceedings are completed. 74