Section 49 — Removal of Chairperson and Member from office in certain circumstances.

49. Removal of Chairperson and Member from office in certain circumstances.—(1) The 

appropriate Government may, in consultation with the Chief Justice of the High Court, remove from 

office of the Chairperson or any Judicial Member or Technical or Administrative Member of the 

Appellate Tribunal, who— 

(a) has been adjudged as an insolvent; or 

(b) has been convicted of an offence which, in the opinion of the appropriate Government 

involves moral turpitude; or 

(c) has become physically or mentally incapable; or 

(d) has acquired such financial or other interest as is likely to affect prejudicially his functions; or 



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(e) has so abused his position as to render his continuance in office prejudicial to the public 

interest. 

(2) The Chairperson or Judicial Member or Technical or Administrative Member shall not be 

removed from his office except by an order made by the appropriate Government after an inquiry made 

by the Judge of the High Court in which such Chairperson or Judicial Member or Technical or 

Administrative Member has been informed of the charges against him and given a reasonable opportunity 

of being heard in respect of those charges. 

(3) The appropriate Government may suspend from the office of the Chairperson or Judicial Member 

or Technical or Administrative Member in respect of whom a reference of conducting an inquiry has been 

made to the Judge of the High Court under sub-section (2), until the appropriate Government passes an 

order on receipt of the report of inquiry made by the Judge of the High Court on such reference. 

(4) The appropriate Government may, by rules, regulate the procedure for inquiry referred to in  

sub-section (2).