Section 16 of The Tribunals Reforms Act, 2026 — Removal of Chairperson and Members of Tribunals
Bare section text
Official Legislative Text
- (1)The Central Government may, by order, remove from office the Chairperson or Member of a Tribunal, who,
- (a)is, or at any time has been, adjudged as an insolvent; or
- (b)has been convicted of an offence which involves moral turpitude; or
- (c)has become physically or mentally incapable of acting as such Chairperson or Member of the Tribunal; or
- (d)has acquired such financial or other interest as is likely to affect prejudicially his functions as such Chairperson or Member of the Tribunal; or
- (e)has so abused his position as to render his continuance in office prejudicial to the public interest; or
- (f)has been found incompetent or inefficient; or
- (g)has engaged, at any time during his term of office, in any paid assignment.
- (2)Where a complaint is received against a Chairperson or Member of a Tribunal on any ground specified in clauses
- (d)to
- (g)of sub-section (1), the Ministry or Department administering the Tribunal concerned shall conduct a preliminary inquiry to find out whether the complaint discloses such a ground and is supported by material facts and documents, and refer the matter to the Chairperson of the Commission for conduct of inquiry in such manner, as may be prescribed, and the Commission shall, after such inquiry, submit its recommendation to the Central Government, for appropriate action, if any.
- (3)No Chairperson or Member of a Tribunal shall be removed from his office on the grounds specified in clauses
- (d)to
- (g)of sub-section
- (1)unless a reference has been made in this behalf to the Commission and an inquiry has been made under sub-section (2).
- (4)The Central Government shall, on receipt of the recommendation of the Commission under sub-section (2), take appropriate action as required.