Section 9 of Administrative Tribunals Act, 1985 - Resignation and Removal
Section 9 of the Administrative Tribunals Act, 1985 deals with resignation and removal of the Chairman and other Members. For current appointments, however, the provision must be read together with Section 10B of the 1985 Act, Chapter II of the Tribunals Reforms Act, 2021 and the Tribunal (Conditions of Service) Rules, 2021.
Updated: 16 September 2026
Text and meaning of Section 9
Section 9 - Resignation and removal.
Sub-section (1): The Chairman or another Member may resign by written notice addressed to the President. Unless permitted by the President to relinquish office sooner, the office-holder continues until three months from receipt of the notice, a duly appointed successor enters office, or the term expires, whichever occurs first.
Sub-section (2): Under the original statutory framework, removal could be ordered by the President for proved misbehaviour or incapacity after an inquiry by a Judge of the Supreme Court, with notice of the charges and a reasonable opportunity of being heard.
Sub-section (3): It authorises the Central Government to make rules regulating the procedure for investigation of the misbehaviour or incapacity referred to in sub-section (2).
What does "resignation" mean under Section 9?
Resignation is the voluntary relinquishment of the office by the Chairman or a Member through a written notice. Under the text of Section 9(1), the notice is addressed to the President and does not ordinarily result in immediate vacation of office. The provision creates continuity by requiring the office-holder to remain for the specified period unless earlier release, succession or expiry of term intervenes.
What does "removal" mean under Section 9?
Removal is an involuntary termination of tenure on legally specified grounds. Section 9(2) reflects safeguards of institutional independence and natural justice by requiring an established ground, an inquiry, communication of charges and an opportunity of hearing under the framework stated in that provision.
Section 10B changes the position for current appointments
Section 10B of the Administrative Tribunals Act, 1985 states, notwithstanding anything contained in that Act, that the specified service conditions of the Chairman and other Members appointed after commencement of the Tribunals Reforms Act, 2021 are governed by Chapter II of the 2021 Act. The listed matters expressly include resignation and removal.
The proviso to Section 10B preserves the earlier statutory regime for the category of Chairman and Members appointed before commencement of Part XIV of Chapter VI of the Finance Act, 2017, as stated in the provision.
Current framework under the Tribunals Reforms Act, 2021
Section 3 of the Tribunals Reforms Act, 2021 authorises the Central Government to make rules concerning qualifications, appointment, salary and allowances, resignation, removal and other conditions of service of Tribunal Chairpersons and Members. Section 4 provides the statutory grounds and mechanism for removal under the 2021 framework.
| Issue | Current legal framework |
|---|---|
| Resignation | Rule 8 of the Tribunal (Conditions of Service) Rules, 2021 provides for written resignation addressed to the Central Government. Unless earlier relinquishment is permitted, the Chairperson or Member continues for three months from receipt, until a successor enters office, or until expiry of the term, whichever is earlier. |
| Removal | Section 4 of the Tribunals Reforms Act, 2021 provides for removal by the Central Government on the recommendation of the Search-cum-Selection Committee on the grounds specified in that section. |
| Complaint and inquiry procedure | Rule 9 of the Tribunal (Conditions of Service) Rules, 2021 provides for preliminary scrutiny of a written complaint alleging a definite charge of misbehaviour or incapacity and, where reasonable grounds exist, reference to the Committee. |
Grounds for removal under Section 4 of the Tribunals Reforms Act, 2021
Under the current statutory framework, the grounds include adjudication as an insolvent; conviction for an offence involving moral turpitude; physical or mental incapacity to act as Chairperson or Member; acquisition of a financial or other interest likely to prejudicially affect the discharge of functions; or abuse of position making continuance in office prejudicial to the public interest. The statutory procedure and applicable rules should be consulted in the particular case.
Practical reading of Section 9 in 2026
For legal research, Section 9 should first be identified as the resignation-and-removal provision appearing in the Administrative Tribunals Act, 1985. The date and legal basis of the relevant appointment should then be checked. Where Section 10B applies, the operative framework is Chapter II of the Tribunals Reforms Act, 2021 read with the Tribunal (Conditions of Service) Rules, 2021, as amended from time to time.
Related provisions
Readers may also refer to Section 8 - Term of office, Section 10 - Salaries, allowances and service conditions, Section 10A - Saving of terms and conditions and the Administrative Tribunals Act index linked above.
Frequently asked questions
Is Section 9 of the Administrative Tribunals Act, 1985 still present in the Act?
Yes. Section 9 continues to appear in the Act. Its practical application must, however, be read with Section 10B and the later tribunal-reform framework for appointments governed by that provision.
Does a resignation take effect immediately?
Not ordinarily. Both the older Section 9 framework and Rule 8 of the 2021 Rules contain a continuity period, subject to earlier permission and the other events specified in the respective provision.
Where should the current official law be checked?
The consolidated Administrative Tribunals Act, 1985 and the Tribunals Reforms Act, 2021 can be checked on India Code. The Department of Revenue also publishes the Tribunal Reforms Act and Tribunal (Conditions of Service) Rules, 2021.