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Section 5 – Administrative Tribunals (Procedure for investigation of misbehaviour or incapacity of chairmen, vice-chairmen and other members) rules, 2000

Administrative Tribunals (Procedure for investigation of misbehaviour or incapacity of chairmen, vice-chairmen and other members) rules, 2000

 

 

5. Judge to conduct inquiry.

 

(1) If the President is of the opinion that there are reasonable grounds for making an inquiry into the truth of any imputation of misbehaviour or incapacity of a Member, he shall make a defence to the Chief Justice of India requesting him to nominate a Judge of the Supreme Court to conduct the inquiry.

 

(2) The President shall, by order, appoint the Judge of the Supreme Court nominated by the chief Justice of India for the purpose of conducting the inquiry.

 

(3) Notice of appointment of a Judge under sub-rule (2) shall be given to the Member concerned.

 

(4) The President shall forward to the Judge a copy of

 

(a) The articles of charges against the member concerned and the statement of imputations;

 

(b) The statement of witnesses, if any; and

 

(c) Material documents relevant to the inquiry..

 

(5) The Judge appointed under sub-rule (2) shall complete the inquiry within such time or further time as may be specified by the President.

 

(6) The Member concerned shall be given a reasonable opportunity of presenting a written statement of defence within such time as may be specified in this behalf by the Judge.

 

(7) Where it is alleged that the Member concerned is unable to discharge the duties of his office efficiently due to any physical or mental incapacity and the alleging is denied, the Judge may arrange for the medical examination of the Member by such Medical Board as may be appointed for the purpose by the President and the Member concerned shall submit himself to such medical examination with in the time specified in this behalf by the Judge.

 

(8) The Medical Board shall undertake such medical examination of the Members as may be considered necessary and submit a report to the Judge stating therein whether the incapacity is such as to render the Member unfit to continue in office.

 

(9) If the Member refuses to undergo such medical examination as considered necessary by the Medical Board, the Board shall submit a report to the Judge stating therein the examination which the Member has refused to undergo, and the Judge may, on receipt of such report, presume that the Member suffers from such physical or mental incapacity as is alleged in the Member.

 

(10) The Judge may, after considering the written statement of the Member and the Medical Report, if any, amend the charges referred to in clause (a) of sub-rule (5) and in such a case the Member shall be given a reasonable opportunity of presenting of fresh written statement of defence.

 

(11) The Central Government shall appoint an officer of that Government or an advocate to present the case against the Member.

 

(12) Where the Central Government has appointed an advocate to present its case before the Judge, the Member concerned shall also be allowed to present his case by an advocate chosen by him.

 

 

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Administrative Tribunals (Procedure for investigation of misbehaviour or incapacity of chairmen, vice-chairmen and other members) rules, 2000

 

Indian Laws – Bare Acts

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