Section 15: Resignation and removal

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The Recovery of Debts due to Banks and Financial Institutions Act, 1993

Chapter II

Establishment of Tribunal and Appellate Tribunal

Section 15: Resignation and removal.

15. (1) 1[The Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal] may, by notice in writing under his hand addressed to the Central Government, resign his office:

Provided that 2[the Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal] shall, unless he is permitted by the Central Government 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) 1[The Presiding Officer of a Tribunal or 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,

(a) in the case of the Presiding Officer of a Tribunal, made by a Judge of a High Court;

(b) in the case of 3[the Chairperson of an Appellate Tribunal], made by a Judge of the Supreme Court,

in which 4[the Presiding Officer of a Tribunal or 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:

5[Provided that the Central Government, during the pendency of the inquiry against the Presiding Officer or a Chairperson, as the case may be, may, after consulting the Chairperson of the Selection Committee constituted for selection of Presiding Officer or Chairperson, pass an order suspending the Presiding Officer or the Chairperson, if it is satisfied that he should cease to discharge his functions as a Presiding Officer or Chairperson, as the case may be.]

(3) The Central Government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of 6[the Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal].


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Amendments:

1. Subs. by Act 1 of 2000, s. 2, for “the Presiding Officer of a Tribunal or an Appellate Tribunal” (w.e.f. 17-1-2000).
2. Subs. by s. 7, ibid., for  “the said Presiding Officer” (w.e.f. 17-1-2000).

3. by s. 2, ibid., for “the Presiding Officer of an Appellate Tribunal” (w.e.f. 17-1-2000).
4. by s. 7, ibid., for “the Presiding Officer concerned” (w.e.f. 17-1-2000).
5. by Act 1 of 2013, s. 13 (w.e.f. 15-1-2013).
6. Subs. by Act 1 of 2000, s. 7, for “the aforesaid Presiding Officer” (w.e.f. 17-1-2000).

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