Report No. 272

Annexure - II

Removal Provisions relating to Tribunals

Rule 7 of the Tribunal, Appellate Tribunal and other Authorities Rules, 2017 provides for removal of Members of the Tribunal. Such removal provisions are not new and existed earlier in Acts/Rules in respect of several Tribunals. Some of such provisions which existed earlier are listed below:

Name of the Tribunal	Text of removal provisions (cite the Rules/Section where it is mentioned)
1. Central Administrative tribunal under the Administrative Tribunals Act, 1985	The Chairman or any other Member shall not be removed from his office except by an order made by the President on the ground of proved misbehaviour or incapacity after an inquiry made by a Judge of the Supreme Court in which such Chairman or other Member had been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. [Sub-section (2) of Section 9 of the Administrative Tribunals Act, 1985]
2. Railway Claims Tribunal under the Railway Claims Tribunal Act, 1987	The Chairman, Vice-Chairman or any other Member shall not be removed from his office except by an order made by the President on the ground of proved misbehaviour or incapacity after an inquiry made by a Judge of the Supreme Court in which such Chairman, Vice-Chairman or other Member had been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. [Sub-section (2) of section 8 of the Railway Claims Tribunal Act, 1987]
3. Securities Appellate Tribunal under the Securities and Exchange Board of India Act, 1992	The Presiding Officer or any other Member of a Securities Appellate Tribunal shall not be removed from his office except by an order by the Central Government on the ground of proved misbehaviour or incapacity after an inquiry made by a Judge of the Supreme Court, in which the Presiding Officer or any other Member concerned has been informed of the charges against him and given a reasonable opportunity of being heard in respect of these charges. [Sub-section (2) of section 15Q of the Securities and Exchange Board of India Act, 1992] The Central Government shall remove a member from office if he - (a) is, or at any time has been, adjudicated as insolvent; (b) is of unsound mind and stands so declared by a competent court; (c) has been convicted of an offence which, in the opinion of the hCentral Government, involves a moral turpitude; [(d) ...] (e) has, in the opinion of the Central Government, so abused his position as to render his continuation in office detrimental to the public interest: Provided that no member shall be removed under this clause unless he has been given a reasonable opportunity of being heard in the matter. [Section 6 of the Securities and Exchange Board of India Act, 1992]
4. Debt Recovery Tribunal under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993	The Presiding Officer of a Tribunal shall not be removed from his office except by an order made by the Central Government on the ground of proved misbehaviour or incapacity after inquiry made by a Judge of a High Court in which the Presiding Officer of a Tribunal has been informed of the charges against him and given a reasonable opportunity of being heard in respect of these charges. [Sub-section (2) of section 15 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.]
5. Debt Recovery Appellate Tribunal under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993	The Chairperson of an Appellate Tribunal shall not be removed from his office except by an order made by the Central Government on the ground of proved misbehaviour or incapacity after inquiry in the case of the Chairperson of an Appellate Tribunal, made by a Judge of the Supreme Court, in which the Chairperson of an Appellate Tribunal has been informed of the charges against him and given a reasonable opportunity of being heard in respect of these charges. [Sub-section (2) of section 15 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.]
6. Airport Appellate Tribunal under the Airports Authority of India Act, 1994	The Chairperson of the Tribunal shall not be removed from his office except by an order made by the Central Government on the ground of proved misbehavior or incapacity after an inquiry made by a Judge of the Supreme Court in which such Chairperson had been informed of the charges against him and given reasonable opportunity of being heard in respect of those charges [Sub-section (2) of section 28J of the Airports Authority of India Act, 1994]
7. Telecom Disputes Settlement and Appellate Tribunal under the Telecom Regulatory Authority of India Act, 1997	(1) The Central Government may remove from office, the Chairperson or any Member of the Appellate Tribunal, who - (a) has been adjudged an insolvent; or (b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or (c) has become physically or mentally incapable of acting as the Chairperson or a Member; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as the Chairperson or a Member; or (e) has so abused his position as to render his continuance in office prejudicial to the public interest. (2) Notwithstanding anything contained in subsection (1), the Chairperson or a Member of the Appellate Tribunal shall not be removed from his office on the ground specified in clause (d) or clause (e) of that sub-section unless the Supreme Court on a reference being made to it in this behalf by the Central Government, has, on an enquiry, held by it in accordance with such procedure as it may specify in this behalf, reported that the Chairperson or a Member ought on such ground or grounds to be removed. [Sub-section (1) and (2) of section 14G of the Telecom Regulatory Authority of India Act, 1997]
8. Appellate Board under the Trade Marks Act, 1999	The Chairman, Vice-Chairman or any other Member shall not be removed from his office except by an order made by the President of India on the ground of proved misbehaviour or incapacity after an inquiry made by a Judge of the Supreme Court in which the Chairman, Vice-Chairman or other Member had been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. [Sub-section (2) of section 89 of the Trade Marks Act, 1999]
9. National Company Law Appellate Tribunal under the Companies Act, 2013	(1) The Central Government may, after consultation with the Chief Justice of India, remove from office the President, Chairperson or any Member, who - (a) has been adjudged an insolvent; or (b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or (c) has become physically or mentally incapable of acting as such President, the Chairperson, or Member; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as such President, the Chairperson or Member; or (e) has so abused his position as to render his continuance in office prejudicial to the public interest: Provided that the President, the Chairperson or the Member shall not be removed on any of the grounds specified in clauses (b) to (e) without giving him a reasonable opportunity of being heard. (2) Without prejudice to the provisions of subsection (1), the President, the Chairperson or the Member shall not be removed from his office except by an order made by the Central Government on the ground of proved misbehaviour or incapacity after an inquiry made by a Judge of the Supreme Court nominated by the Chief Justice of India on a reference made to him by the Central Government in which such President, the Chairperson or Member had been informed of the charges against him and given a reasonable opportunity of being heard. (3) The Central Government may, with the concurrence of the Chief Justice of India, suspend from office, the President, the Chairperson or Member in respect of whom reference has been made to the Judge of the Supreme Court under subsection (2) until the Central Government has passed orders on receipt of the report of the Judge of the Supreme Court on such reference. (4) The Central Government shall, after consultation with the Supreme Court, make rules to regulate the procedure for the inquiry on the ground of proved misbehaviour or incapacity referred to in subsection (2). [Section 417 of the Companies Act, 2013]
10. National Consumer Disputes Redressal Commission under the Consumer Protection Rules, 1987	(l) The Central Government may remove from office, the President or any member, who,- (a) has been adjudged as an insolvent; or (b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or (c) has become physically or mentally incapable of acting as the President or the member; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as the President or a member; or (e) has so abused his position as to render his continuance in office prejudicial to the public interest;or (f) remain absent in three consecutive sittings except for reasons beyond his control. (2) Notwithstanding anything contained in sub-rule (1), the President or any member shall not be removed from his office on the grounds specified in S[clauses (d), (e) and (f)] of that sub-rule except on an inquiry held by Central Government in accordance with such procedure as it may specify in this behalf and finds the President or a member to be guilty of such ground. [Rule 13 of the Consumer Protection Rules, 1987]
11. Appellate Tribunal for Electricity under the Electricity Act, 2003	The Chairperson of the Appellate Tribunal or a Member of the Appellate Tribunal shall not be removed from his office except by an order by the Central Government on the ground of proved misbehaviour or incapacity after an inquiry made by a judge of the Supreme Court as the Central 56 Government may appoint for this purpose in which the Chairperson or a Member of the Appellate Tribunal concerned has been informed of the charges against him and given a reasonable opportunity of being heard in respect of such charges. [Sub-section (2) of section 117 of the Electricity Act, 2003]
12. Armed Forces Tribunal under the Armed Forces Tribunal Act, 2007	The Chairperson or a Member shall not be removed from his office except by an order made by the President on the ground of proved misbehaviour or incapacity after an inquiry made by a sitting Judge of the Supreme Court in which such Chairperson or other Member had been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. [Sub-section (2) of section 9 of the Armed Forces Tribunal Act, 2007]
13. National Green Tribunal under the National Green Tribunal Act, 2010	(1) The Central Government may, in consultation with the Chief Justice of India, remove from office of the Chairperson or Judicial Member of the Tribunal, who,- (a) has been adjudged an insolvent; or (b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or (c) has become physically or mentally incapable; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions; or (e) has so abused his position as to render his continuance in office prejudicial to the public interest. (2) The Chairperson or Judicial Member shall not be removed from his office except by an order made by the Central Government after an inquiry made by a Judge of the Supreme Court in which such Chairperson or Judicial 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 suspend from office the Chairperson or Judicial Member in respect of whom a reference of conducting an inquiry has been made to the Judge of the Supreme Court under 7 sub-section (2), until the Central Government passes an order on receipt of the report of inquiry made by the Judge of the Supreme Court on such reference. (4) The Central Government may, by rules, regulate the procedure for inquiry referred to in sub-section (2). (5) The Expert Member may be removed from his office by an order of the Central Government on the grounds specified in sub-section (1) and in accordance with the procedure as may be notified by the Central Government: Provided that the Expert Member shall not be removed unless he has been given an opportunity of being heard in the matter. [Section 10 of the National Green Tribunal Act, 2010]