Judge to conduct inquiry

8.5.National Company Law Tribunal and National Company Law Appellate Tribunal (Procedure for investigation of misbehavior or incapacity of Chairperson, President and other Members) Rules, 2020

5. Judge to conduct inquiry. –

(1)

If the President of India is of the opinion that there are reasonable grounds for making an inquiry into the truth of any imputation of misbehavior or incapacity of a Member, it shall make a reference to the Chief Justice of India requesting him to nominate a Judge of the Supreme Court to conduct such inquiry.

(2)

The President of India shall, by order, appoint the Judge of the Supreme Court nominated by the Chief Justice of India for the purpose of conducting the inquiry.

(3)

The notice of appointment of a Judge under sub-rule (2) shall be given to the Member concerned.

(4)

The President of India shall forward to the Judge a copy of-

(a)

the articles of charges against the Member concerned and the statement of imputations;

(b)

the statement of witnesses, if any; and

(c)

the material documents relevant to the inquiry.

(5)

The Judge appointed under sub-rule (2) shall complete the inquiry within such time of further time as may be specified by the President of India.

(6)

The Member concerned shall be given an opportunity of presenting a written statement of defense within such time as may be specified in this behalf by the Judge.

(7)

Where it is alleged that the Member concerned is unable to discharge the duties of his office efficiently due to any physical or mental incapacity and the allegation is denied, the Judge may arrange for the medical examination of the Member by such Medical Board as may be appointed for the purpose by the President of India and the Member concerned shall present himself to such medical examination within the time specified in this behalf by the Judge.

(8)

The Medical Board shall undertake such medical examination of the Member as may be considered necessary and submit a report to the Judge stating therein whether the incapacity is such as to render the Member unfit to continue in office.

(9)

If the Member refuses to undergo such medical examination as considered necessary by the Medical Board, the Board shall submit a report to the Judge stating therein the examination which the Member has refused to undergo, and the Judge may, on receipt of such report, presume that the Member suffers from such physical or mental incapacity as is alleged in the complaint.

(10)

The Judge may, after considering the written statement of the Member and the Medical Report, if any, amend the charges referred to in clause (a) of sub rule (5) and in such a case, the Member shall be given an opportunity of presenting a fresh written statement of defence.

(11)

The Central Government shall appoint an officer or an advocate to present the case against the Member.

(12)

Where the Central Government has appointed an advocate to present its case before the Judge, the Member concerned shall also be allowed to present his case by an advocate chosen by him.