Section 10 NGT Act 2010: Removal and Suspension of Chairperson Judicial Member and Expert Member
Section 10 of the National Green Tribunal Act, 2010 contains the original statutory grounds and procedure for removal and suspension of the Chairperson, Judicial Member and Expert Member of the National Green Tribunal.
What is Section 10 of the National Green Tribunal Act, 2010?
Section 10 is titled "Removal and suspension of Chairperson, Judicial Member and Expert Member." The original provision sets out specified grounds of removal, procedural safeguards for the Chairperson and Judicial Members, power of suspension during an inquiry, rule-making power for the inquiry procedure, and a separate procedure for an Expert Member.
Section 10(1): Original grounds for removal
Under the original Section 10(1), the Central Government may, in consultation with the Chief Justice of India, remove the Chairperson or a Judicial Member on specified grounds.
Insolvency: the person has been adjudged an insolvent.
Conviction involving moral turpitude: the person has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude.
Physical or mental incapacity: the person has become physically or mentally incapable.
Prejudicial financial or other interest: the person has acquired an interest likely to prejudicially affect the discharge of functions.
Abuse of position: the person has so abused the position as to render continuance in office prejudicial to the public interest.
Section 10(2): Inquiry and opportunity of hearing
The original Section 10(2) provides an additional safeguard for the Chairperson or Judicial Member. Removal is to follow an order of the Central Government after an inquiry by a Judge of the Supreme Court. In that inquiry, the office-holder must be informed of the charges and given a reasonable opportunity of being heard in respect of those charges.
Section 10(3): Suspension during inquiry
Under the original Section 10(3), the Central Government may suspend the Chairperson or Judicial Member after a reference for inquiry has been made to a Judge of the Supreme Court under Section 10(2). The suspension may continue until the Central Government passes an order after receiving the inquiry report.
Section 10(4): Procedure for inquiry
Section 10(4) authorises the Central Government to regulate by rules the procedure for the inquiry referred to in Section 10(2). This means that the Act supplies the substantive safeguard while the detailed inquiry procedure may be prescribed through subordinate legislation.
Section 10(5): Original rule for removal of Expert Member
The original Section 10(5) permits removal of an Expert Member by an order of the Central Government on the grounds specified in Section 10(1), following the procedure notified by the Central Government. The proviso expressly requires that the Expert Member be given an opportunity of being heard before removal.
Section 10A: Overriding framework for post-2021 appointments
Section 10A begins with a non-obstante clause. It provides that, notwithstanding anything contained in the NGT Act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the Chairperson, Judicial Member and Expert Member appointed after commencement of the Tribunals Reforms Act, 2021 are governed by Chapter II of that Act.
Section 4 of the Tribunals Reforms Act, 2021
For appointments governed by the 2021 Act, Section 4 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 on the statutory grounds set out in that section.
| Current statutory ground | Meaning in the removal framework |
|---|---|
| Adjudged insolvent | The office-holder has been legally adjudged insolvent. |
| Conviction involving moral turpitude | The office-holder has been convicted of an offence involving moral turpitude. |
| Physical or mental incapacity | The office-holder has become physically or mentally incapable of acting as Chairperson or Member. |
| Prejudicial financial or other interest | An acquired interest is likely to prejudicially affect the office-holder's functions. |
| Abuse of position | The position has been abused so that continuance in office is prejudicial to the public interest. |
Safeguard before removal under the current law
The Tribunals Reforms Act, 2021 preserves procedural protection in the removal process. The statutory scheme requires the grounds and procedure in Section 4 to be followed, together with the applicable Tribunal (Conditions of Service) Rules, 2021. The exact procedure applicable to an individual case should therefore be checked from the latest amended rules and the legal regime governing the particular appointment.
Original Section 10 and current law
| Issue | Original NGT Act framework | Post-2021 framework |
|---|---|---|
| Removal provision | Section 10 of the NGT Act. | Section 10A applies Chapter II of the Tribunals Reforms Act, 2021 to covered appointments. |
| Chairperson and Judicial Member | Consultation with Chief Justice of India and Supreme Court Judge inquiry safeguards are stated in Section 10. | Removal is governed by Section 4 of the Tribunals Reforms Act, 2021 and the applicable rules for covered appointments. |
| Expert Member | Removal on Section 10(1) grounds under notified procedure, with opportunity of hearing. | Covered as a Member under the post-2021 tribunal framework where Section 10A applies. |
| Grounds | Insolvency, relevant conviction, incapacity, prejudicial interest and abuse of position. | Section 4 of the 2021 Act contains substantially corresponding statutory grounds. |
Which removal regime applies to a particular NGT office-holder?
The answer depends on the date and statutory basis of appointment. Section 10A contains a saving proviso for the Chairperson, Judicial Member and Expert Member appointed before commencement of Part XIV of Chapter VI of the Finance Act, 2017. Those specified earlier appointees continue to be governed by the NGT Act and rules as provided in the saving clause. For later appointments covered by Section 10A, the governing tribunal reform legislation must be applied.
Related provisions of the NGT Act
Section 10 should be read with Section 5 on qualifications, Section 6 on appointment, Section 7 on term of office, Sections 8 and 9 on resignation and service conditions, and Section 11 on an acting Chairperson.
For authoritative use, verify the latest official legislation, rules, amendments and appointment records applicable to the office-holder concerned.