Investigation of misbehavior/incapacity of NCLAT / NCLT Chairman/President etc. MCA notifies Rules for Inquiry Procedures
Ministry of Corporate Affairs have notified the National Company Law Tribunal and National Company Law Appellate Tribunal (Procedure for investigation of misbehavior or incapacity of Chairperson, President and other Members) Rules, 2020.
Applicability:
These rules shall be applicable to the President, Judicial Member and Technical Members of the National Company Law Tribunal and Chairperson, Judicial Members and Technical Members [appointed before the commencement of Part XIV of Chapter VI of the Finance Act, (7 of 2017)] of the National Company Law Appellate Tribunal established under the Act. However the rules shall not apply to sitting judge of the High Court.
Investigation Committee
The Central Government after Preliminary scrutiny, if considers necessary to investigate into the allegation, shall place the complaint before a Committee headed by Cabinet Secretary to investigate the charges of allegations made in the complaint. The Committee shall submit its findings to the President of India
Inquiry to be conducted by a Judge of the Supreme Court
If the President of India is of the opinion that there are reasonable grounds for making an inquiry on the allegations, it shall make a reference to the Chief Justice of India to nominate a Judge of the Supreme Court to conduct such inquiry.
Inquiry Report
After the conclusion of the investigation, the Judge shall submit his report to the President of India stating therein his findings and the reasons therefor on each of the articles of charges separately with his observations on the whole case.
Suspension of the Member
The Central Government may, with the concurrence of CJI, keeping in view the gravity of charges, suspend the Member of the Tribunal against whom reference has been made until the Central Government passes orders on receipt of the inquiry report from the Judge of the Supreme Court.
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