Section - 90. Removal of Member
(1) No Member shall be removed from office except in accordance with the provisions of this section.
(2) The Central Government, in the case of a Member of the Central Commission, and the State
Government, in the case of a Member of the State Commission, may by order remove from office any Member, if he
(a) has been adjudged an insolvent;
(b) has been convicted of an offence which, in the opinion of the Appropriate Government, involves moral turpitude;
(c) has become physically or mentally incapable of acting as a Member;
(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member;
(e) has so abused his position as to render his continuance in office prejudicial to the public
interest; or
(f) has been guilty of proved misbehaviour:
Provided that no Member shall be removed from his office on any ground specified in clauses (d), (e)
and (f) unless the Chairperson of the Appellate Tribunal on a reference being made to him in this behalf
by the Central Government or the State Government, as the case may be, has, on an inquiry, held by him
in accordance with such procedure as may be prescribed by the Central Government, reported that the
Member ought on such ground or grounds to be removed.
(3) The Central Government or the State Government, as the case may be, may, in consultation with
the Chairperson of the Appellate Tribunal suspend any Member of the Appropriate Commission in
respect of whom a reference has been made to the Chairperson of the Appellate Tribunal, under
sub-section (2) until the Central Government or the State Government, as the case may be, has passed
orders on receipt of the report of the Chairperson of the Appellate Tribunal, on such reference:
Provided that nothing contained in this section shall apply to the Chairperson of the Appropriate
Commission who, at the time of his appointment as such is a sitting Judge of the Supreme Court or the
chief Justice of a High Court or a Judge of a High Court.
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