The Administrative Tribunals Act, 1985
CHAPTER II: ESTABLISHMENT OF TRIBUNALS AND BENCHES THEREOF
Section 9: Resignation And Removal
Bare Act
(1) The Chairman, or other Member may, by notice in writing under his hand addressed to the President, resign his office: Provided that the Chairman, or other Member shall, unless he is permitted by the President to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest.
(2) 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.
(3) The Central Government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the Chairman, or other Member referred to in sub-section (2).
Simplified Act
(1) The Chairman or any other member of the tribunal can quit their job by writing a resignation letter to the President. However, they must keep working for three months after the President gets the letter, unless the President lets them leave earlier. They can also stop working if their replacement is ready to start or if their own time in the job was about to end anyway, whichever happens first.
(2) The Chairman or any member can only be fired by the President if they've done something wrong or can't do their job anymore. This decision comes after a judge from the Supreme Court looks into it and gives the Chairman or member a chance to respond to the accusations.
(3) The Central Government has the authority to create rules about how to check if the Chairman or a member has acted improperly or is not fit for the job.
Explanation using examples
Imagine a scenario where Mr. Sharma is serving as the Chairman of an Administrative Tribunal. Due to personal reasons, he decides to resign from his position before the completion of his term. According to Section 9(1) of The Administrative Tribunals Act, 1985, Mr. Sharma writes a resignation letter to the President of India. Although he wishes to leave immediately, he understands that he may have to continue his duties for three more months unless the President permits an earlier departure. This provision ensures a smooth transition and continuity of the Tribunal's function until a new Chairman is appointed or until the end of the three-month period.
In another instance, allegations of corruption are made against Mr. Gupta, a Member of the Tribunal. The allegations are serious, and if proven, they could lead to his removal from office. Under Section 9(2), an inquiry is initiated by a Judge of the Supreme Court to investigate the claims. Mr. Gupta receives a formal notice of the charges and is given a fair opportunity to present his case and defend himself. The President can only remove him from his position if the inquiry concludes that there is proven misbehaviour or incapacity.
Furthermore, the Central Government has established specific rules under Section 9(3) that detail the procedure for conducting the investigation into Mr. Gupta's alleged misbehaviour or incapacity. These rules are designed to ensure transparency and fairness throughout the inquiry process.
