New Delhi, July 30: The ministry of corporate affairs has notified rules for investigating complaints against judges of the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT) on Thursday.
The rules provide for a committee that will be chaired by the cabinet secretary and shall include the secretaries of corporate affairs and the department of legal affairs, to investigate any written complaints referred by the government, The Economic Times reported.
As per the procedure laid down, the committee shall submit its findings to the President of India. If the President finds that any charges of misbehaviour or incapacity warrant an inquiry, he shall request the Chief Justice of India (CJI) to nominate a judge of the Supreme Court to conduct the inquiry.
During the course of the inquiry, the NCLT or NCLAT member against whom charges have been alleged, will have the opportunity to provide his defence by written means and through an advocate.
If the charges allege that the member is unable to discharge their duties due to any physical or mental incapacity, the judge may arrange for a medical examination. The rules state that if the member refuses to be examined, the judge may presume that the member suffers from the alleged physical or mental incapacity.
According to the rules, the government may suspend the member of the tribunal, with the concurrence of the CJI, until it passes after receiving the report from the SC judge conducting the inquiry.