Section 9 of the Armed Forces Tribunal Act, 2007: Resignation and Removal

Section 9 of the Armed Forces Tribunal Act, 2007 contains the original procedure for resignation and removal of the Chairperson and other Members of the Armed Forces Tribunal. For appointments governed by the post-2021 regime, however, resignation and removal are governed through Section 9A of the AFT Act by Chapter II of the Tribunals Reforms Act, 2021 and the Tribunal (Conditions of Service) Rules, 2021.

Current-law note: The original Section 9 remains relevant for appointments protected by its transitional framework, but it is not the complete rule for later appointments. Under the 2021 regime, resignation is addressed to the Central Government, and removal is governed by Section 4 of the Tribunals Reforms Act, 2021 together with the inquiry procedure in Rule 9 of the Tribunal (Conditions of Service) Rules, 2021.

What does the original Section 9 provide?

Section 9(1) - Resignation: The original provision permits the Chairperson or a Member to resign by written notice addressed to the President.

Continuation after notice: Unless permitted by the President to relinquish office earlier, the person continues until the earliest of three months from receipt of the notice, entry into office of a duly appointed successor, or expiry of the existing term.

Section 9(2) - Removal: Under the original provision, removal could be ordered by the President only for proved misbehaviour or incapacity after an inquiry by a sitting Judge of the Supreme Court, with notice of the charges and a reasonable opportunity of being heard.

Section 9(3): The Central Government may regulate by rules the procedure for investigation of misbehaviour or incapacity under the original removal provision.

Current resignation procedure under the 2021 Rules

Rule 8 of the Tribunal (Conditions of Service) Rules, 2021 provides the current resignation procedure for a Chairperson or Member governed by those Rules.

Requirement	Current position
Form of resignation	Resignation may be made in writing under the hand of the Chairperson or Member.
Addressed to	The resignation is addressed to the Central Government.
Normal continuation	Unless permitted to relinquish office sooner, the Chairperson or Member continues in office for up to three months from receipt of the notice.
Earlier cessation	Office ends earlier if a duly appointed successor enters office or if the existing term expires before the three-month period.

Current grounds for removal

Section 4 of the Tribunals Reforms Act, 2021 provides that the Central Government shall, on the recommendation of the Search-cum-Selection Committee, remove a Chairperson or Member in the manner provided by rules where the statutory ground for removal is established.

The person has been adjudged insolvent.
The person has been convicted of an offence involving moral turpitude.
The person has become physically or mentally incapable of acting as Chairperson or Member.
The person has acquired a financial or other interest likely to prejudicially affect the discharge of functions.
The person has abused the position so as to make continuance in office prejudicial to the public interest.

Where removal is proposed on the grounds of physical or mental incapacity, prejudicial financial or other interest, or abuse of position, the person must be informed of the charges and given an opportunity of being heard.

Procedure for inquiry into complaints

Rule 9 of the Tribunal (Conditions of Service) Rules, 2021 sets out the complaint and inquiry procedure for alleged misbehaviour or incapacity.

A written complaint containing a definite charge is received by the Central Government.
The Central Government carries out a preliminary scrutiny.
If reasonable grounds for inquiry exist, the matter is referred to the Search-cum-Selection Committee.
For a complaint against a Chairperson, the inquiry may be conducted by a person who is or has been a Judge of the Supreme Court or Chief Justice of a High Court.
For a complaint against a Member, the inquiry may be conducted by a person who is or has been a Judge of a High Court.
The inquiry is to be completed within the time specified by the Central Government, preferably within six months.
The Committee submits its findings and reasons to the Central Government.
The inquiry is guided by principles of natural justice, although the Committee is not bound by the Code of Civil Procedure, 1908.

Why Section 9A matters

Section 9A is a non-obstante provision dealing with qualifications, appointment, term of office, salaries and allowances, resignation, removal and other service conditions of the Chairperson and Members. Following the 2021 tribunal reforms, appointments governed by that regime are subject to Chapter II of the Tribunals Reforms Act, 2021. Earlier protected appointments continue to be governed according to the applicable transitional provisions.

Meaning and legal effect of Section 9

Section 9 protects institutional independence by prescribing formal procedures for leaving office and safeguards against arbitrary removal. The current framework continues that objective but uses a broader statutory removal scheme, committee recommendation and a rules-based inquiry process.

For present-day research, Section 9 should be read together with Section 7 - Appointment, Section 8 - Term of office, and Section 10 - Salaries and service conditions, along with Section 9A and the Tribunals Reforms Act, 2021.

Key points

Section 9 is titled "Resignation and removal".
The original provision required resignation notice to be addressed to the President.
The current 2021 Rules require resignation notice to be addressed to the Central Government.
The three-month continuation rule remains part of the current resignation procedure, subject to earlier relinquishment, appointment of a successor or expiry of the term.
Current removal is governed by Section 4 of the Tribunals Reforms Act, 2021 and the applicable inquiry rules.
Natural-justice safeguards remain central to proceedings involving disputed grounds of removal.

Official legal resources

Law reviewed and article updated: 7 September 2026.