Discuss the process of the Resignation and the Removal of Chairperson or Member of Cyber Appellate Tribunal.

CS Professional · Information Technology and Systems Audit · PYQS · June 2021
Discuss the process of the Resignation and the Removal of Chairperson or Member of Cyber Appellate Tribunal.

Answer & Explanation:

Process of Resignation by the Presiding officer Chairperson or Member of the Cyber Appellate Tribunal The Presiding officer Chairperson or Member of the Cyber Appellate Tribunal may, by notice in writing under his hand addressed to the Central Government, resign his office provided that the said Presiding officer Chairperson or Member 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. Process of Removal of the Presiding officer Chairperson or Member of the Cyber Appellate Tribunal The Presiding officer Chairperson or Member of a Cyber Appellate Tribunal shall not be removed from his office except by an order by the Central Government on the ground of proved misbehavior or incapacity after an inquiry made by a Judge of the Supreme Court in which the Chairperson or Member concerned has been informed of the charges against him and given a reasonable opportunity of being heard in respect of these charges. The Central Government may, by rules, regulate the procedure for the investigation of misbehavior or incapacity of the aforesaid Presiding officer Chairperson or Member.

Topics: Information Technology Act, 2000

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