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CS Professional · Drafting, Pleadings and Appearances · Applications, Petitions and Appeals under Companies Act, 2013

The Central Government wants to remove a Member of the Appellate Tribunal for alleged proved misbehaviour. Which procedure follows section 417?

Removal for proved misbehaviour requires an order of the Central Government made after an inquiry by a Supreme Court Judge nominated by the Chief Justice of India, with the Member told the charges and given a reasonable opportunity of being heard.

  1. ARemoval by the Central Government alone, without any inquiry
  2. BRemoval by order of the Central Government after an inquiry by a Supreme Court Judge nominated by the Chief Justice of India, in which the Member was informed of charges and heardCorrect
  3. CRemoval by the Supreme Court on a petition from the Tribunal's Chairperson
  4. DRemoval by the Chief Justice of India after consulting the Registrar

Explanation

Section 417(2) says a Member cannot be removed except by an order of the Central Government on proved misbehaviour or incapacity after an inquiry by a Supreme Court Judge nominated by the Chief Justice of India, with the Member informed of charges and given a reasonable hearing.

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