Benami property removal: criteria and mandated inquiry ensure removal only for insolvency, conviction, incapacity, conflict, or abuse. Section 35 authorises the Central Government to remove the Chairperson or Members of the Appellate Tribunal for insolvency, conviction involving moral turpitude, incapacity, prejudicial financial interest, or abuse of position. Removal of the Chairperson or a Judicial Member requires an inquiry by the Chief Justice of the High Court, prior notice of charges and a reasonable opportunity to be heard; suspension may be ordered pending the inquiry report. The Central Government may prescribe inquiry procedure and remove an Administrative Member on the same grounds subject to a notified procedure and an opportunity to be heard.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Benami property removal: criteria and mandated inquiry ensure removal only for insolvency, conviction, incapacity, conflict, or abuse.
Section 35 authorises the Central Government to remove the Chairperson or Members of the Appellate Tribunal for insolvency, conviction involving moral turpitude, incapacity, prejudicial financial interest, or abuse of position. Removal of the Chairperson or a Judicial Member requires an inquiry by the Chief Justice of the High Court, prior notice of charges and a reasonable opportunity to be heard; suspension may be ordered pending the inquiry report. The Central Government may prescribe inquiry procedure and remove an Administrative Member on the same grounds subject to a notified procedure and an opportunity to be heard.
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