(1) the Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal may by notice in writing under his hand addressed to the Central Government, resign his office:
PROVIDED that the Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal 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 Tribunal or the Chairperson of an Appellate Tribunal shall not be removed from his office except by an order made by the Central Government on the ground of proved misbehavior or incapacity after inquiry,
(a) in the case of the Presiding Officer of a Tribunal made by a Judge of a High Court;
(b) in the case of the Chairperson of an Appellate Tribunal, made by a Judge of the Supreme Court, in which the Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal 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 Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal.
Legal Commentary & Landmark Judgments: Section 15
Section 15 sets forth the rigorous statutory procedure governing the resignation and removal of a Presiding Officer of a DRT or a Chairperson of a DRAT, mandating a formal judicial inquiry prior to removal on grounds of misbehaviour or incapacity.
Section 15 provides complete immunity from executive interference during the adjudication of massive corporate defaults. Litigants attempting to browbeat a Presiding Officer by filing administrative complaints with the Ministry of Finance cannot secure their removal; any disciplinary action requires a formal reference and inquiry conducted by a High Court Judge under the Debts Recovery Tribunal (Procedure for Investigation of Misbehaviour or Incapacity of Presiding Officer) Rules.