Section 14G of The Telecom Regulatory Authority of India Act, 1997
1[14G. Removal and resignation.--(1) The Central Government may remove from office, the Chairperson or any Member of the Appellate Tribunal, who--
- (a)has been adjudged an insolvent; or
- (b)has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or
- (c)has become physically or mentally incapable of acting as the Chairperson or a Member; or
- (d)has acquired such financial or other interest as is likely to affect prejudicially his functions as the Chairperson or a Member; or
- (e)has so abused his position as to render his continuance in office prejudicial to the public interest.
- (2)Notwithstanding anything contained in sub-section (1), the Chairperson or a Member of the Appellate Tribunal shall not be removed from his office on the ground specified in clause (d) or clause (e) of that sub-section unless the Supreme Court on a reference being made to it in this behalf by the Central Government, has, on an enquiry, held by it in accordance with such procedure as it may specify in this behalf, reported that the Chairperson or a Member ought on such ground or grounds to be removed.
- (3)The Central Government may suspend from office, the Chairperson or a Member of the Appellate Tribunal in respect of whom a reference has been made to the Supreme Court under sub-section (2), until the Central Government has passed an order on receipt of the report of the Supreme Court on such reference.]
Summary
- The Central Government can remove the Chairperson or any Member of the Appellate Tribunal on five specific grounds, including insolvency, conviction for an offence involving moral turpitude, physical or mental incapacity, acquiring a conflicting financial interest, or abusing their position.
- A member cannot be removed on the grounds of conflicting financial interest or abuse of position unless the Supreme Court holds an inquiry.
- The Central Government must make a reference to the Supreme Court, and the Supreme Court must report that the member ought to be removed.
- While the Supreme Court inquiry is pending, the Central Government has the power to suspend the Chairperson or Member.
Practical examples
FAQ
1. Can the government immediately remove an Appellate Tribunal member for abusing their position under the Telecom Regulatory Authority of India Act, 1997?
No, under Section 14G, they cannot remove them on this ground unless the Supreme Court conducts an inquiry and reports that they ought to be removed.
2. Under what circumstances can the Central Government suspend a member of the Appellate Tribunal under the Telecom Regulatory Authority of India Act, 1997?
Under Section 14G(3), the government can suspend the Chairperson or a Member if a reference for their removal has been made to the Supreme Court, until the Supreme Court's report is received and final orders are passed.
3. What are the five grounds for removing a member of the Appellate Tribunal under the Telecom Regulatory Authority of India Act, 1997?
The grounds are insolvency, conviction of an offence involving moral turpitude, physical or mental incapacity, acquiring a conflicting financial or other interest, or abusing their position.
Test yourself
Q1.Under Section 14G of the Telecom Regulatory Authority of India Act, 1997, which ground of removal does NOT require a reference to the Supreme Court?
Q2.Under Section 14G of the Telecom Regulatory Authority of India Act, 1997, who conducts the inquiry for removal on the ground of abuse of position?
Q3.During a pending Supreme Court inquiry under Section 14G of the Telecom Regulatory Authority of India Act, 1997, what action can the Central Government take?
Q4.Under Section 14G of the Telecom Regulatory Authority of India Act, 1997, what kind of incapacity qualifies as a ground for removal?