The Ministry of Personnel, Public Grievances and Pensions, through the Department of Personnel and Training, has issued amendments to the Administrative Tribunals (Procedure for investigation of misbehaviour or incapacity of Chairmen, Vice-Chairmen and other Members) Rules, 2000. These amendments, notified as G.S.R. 2(E) on January 1, 2013, include omitting the term “Vice-Chairman” in several places and substituting it with “Member” in clause (c) of sub-rule (1) of rule 3. A new proviso has been inserted into rule 2, clarifying that these rules will not apply to High Court judges appointed as Chairman or Member of the Tribunal, who will continue to be governed by Article 217 of the Constitution. Certain clauses within rule 3 have also been amended or omitted. The principal rules were originally published in the Gazette of India Extraordinary on February 7, 2000.
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MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)
NOTIFICATION
New Delhi, the 1st January, 2013
G.S.R. 2(E).-In exercise of powers conferred by sub-section (3) of Section 9 read with sub-section (1) and clause (b) of sub-section (2) of Section 35 of the Administrative Tribunals Act, 1985 (13 of 1985), the Central Government hereby makes the following rules further to amend the Administrative Tribunals (Procedure for investigation of misbehaviour or incapacity of Chairmen, Vice-Chairmen and other Members) Rules, 2000 namely :-
- Short title.-These rules may be called the Administrative Tribunals (Procedure for investigation of misbehaviour or incapacity of Chairmen and other Members) Amendment Rules; 2013.
- In the Administrative Tribunals (Procedure for investigation of misbehaviour or incapacity of Chairmen, Vice-Chairmen and other Members) Rules; 2000 (hereinafter referred to as the principal rules), in sub-rule (1) of rule 1, the word “Vice-Chairmen” shall be omitted.
- In the principal rules, in rule 2,-
(a) the word “Vice-Chairman” shall be omitted; and
(b) the following proviso shall be inserted, namely :-
“Provided that these rules will not apply to sitting judge of the High Court appointed as Chairman or Member of the Tribunal and such Chairman or Member would continue to be governed by the provisions of article 217 of the Constitution till he would have held the office of Judge of the High Court.” - In the Principal rules, in rule 3, in sub-rule (1).-
(a) in clause (c), for the word “Vice-Chairman”, the word “Member” shall be substituted;
(b) in clause (f), the words “or a ViceChairman”, shall be omitted;
(c) in clause (g), the words “and a ViceChairman” shall be omitted;
(d) clause (j), shall be omitted.
[F. No. A-11013/8/2012-AT]
MANOJ JOSHI, Jt. Secy.
Note :-The principal rules were published in Gazette of India, Extraordinary, Part-II, Section 3(i), No. G.S.R. 91 (E), dated the 7th February, 2000.