49. Removal of Chairperson and Member from office in certain circumstances.
(1) The appropriate Government may, in consultation with the Chief Justice of theHigh Court, remove from office of the Chairperson or any judicial Member or Technical or Administrative Member of the Appellate Tribunal, who—
(a) has been adjudged as an insolvent; or
(b) has been convicted of an offence which, in the opinion of the appropriateGovernment 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 prejudiciallyhis functions; or
(e) has so abused his position as to render his continuance in office prejudicialto the public interest.
(2) The Chairperson or Judicial member or Technical or Administrative Member shallnot be removed from his office except by an order made by the appropriate Government after an inquiry made by the Judge of the High Court in which such Chairperson or Judicial member or Technical or Administrative Member has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.
(3) The appropriate Government may suspend from the office of the Chairperson orJudicial member or Technical or Administrative Member in respect of whom a reference of
conducting an inquiry has been made to the Judge of the High Court under sub-section (2),until the appropriate Government passes an order on receipt of the report of inquiry made by the Judge of the High Court on such reference.
(4) The appropriate Government may, by rules, regulate the procedure for inquiryreferred to in sub-section (2). |