Information Technology Act, 2000
54. Resignation and removal. –
(1) The Presiding Officer of a Cyber Appellate
Tribunal may, by notice in writing under his hand addressed to the Central
Government, resign his office:
Provided that the said Presiding Officer shall,
unless he is permitted by the Central Government to relinquish his office
sooner, continue to hold office until the expiry of three months from the date
of receipt of such notice or until a person duly appointed as his successor
enters upon his office or until the expiry of his term of office, whichever is
the earliest.
(2) The Presiding Officer of a Cyber Appellate
Tribunal shall not be removed from his office except by an order by the Central
Government on the ground of proved misbehavior or incapacity after an inquiry
made by a Judge of the Supreme Court in which the Presiding Officer concerned
has been informed of the charges against him and given a reasonable opportunity
of being heard in respect of these charges.
(3) the Central Government may, by rules,
regulate the procedure for the investigation of misbehavior or incapacity of the
aforesaid Presiding Officer.