(1) The office of a member of the Appellate Tribunal shall be vacant in any of the following cases:—
(a) If the term of office expires,
(b) On completion of sixty-three years of age,
(c) in case of death,
(d) on resignation,
(e) if convicted by a court of law of a criminal offense involving moral turpitude, or
(f) If it is proved that he has misbehaved or is unable to fulfill his duties during the investigation by the Government of Nepal on the charge of not behaving according to his position or being unable to fulfill his duties. However, the member of the Appellate Tribunal charged under this section shall be given a reasonable opportunity to submit an explanation.
(2) Notwithstanding anything written in clause (f) of sub-section (1), if the law member of the Appellate Tribunal is a sitting judge, the investigation shall be conducted in accordance with the prevailing law regarding his service conditions and facilities.
(3) For the purpose of clause (f) of sub-section (1), the procedure of investigation shall be as prescribed.
(4) If the position of a member of the Appellate Tribunal becomes vacant according to sub-section (1), the Government of Nepal shall fill the vacant position for the remaining period from among the persons who have attained the qualifications according to section 67.