Section 69
Conditions Of Vacancy Of Office And Filling Up Of Such Vacancy
(1) Office of a Member of Appellate Tribunal shall be fallen vacant in the following circumstances:
(a) On expiry of terms of office,
(b) On attainment of sixty three years age,
(c) On death,
(d) If one tenders resignation
(e) If one is convicted by a court on any criminal offence involving moral turpitude, and,
(f) If it is proved that one has misbehavior or has become incompetent to perform one’s duty, while making an inquiry by Government of Nepal on the charge that one has misbehavior against one’s office or has become incompetent to perform one’s duty.
Provided that, a member of the Appellate Tribunal charged under this Clause shall be given a reasonable opportunity to defense his/her case.
(2) Notwithstanding anything contained in Clause (f), if the law member of the Tribunal is a sitting judge, while making such an inquiry, it shall
be done in accordance with the prevailing law concerning his/her terms of service.
(3) The procedure of inquiry, for the purpose of Clause (f) of Sub- section (1), shall as prescribed.
(4) Government of Nepal shall, in case of vacancy of the office of any member of Tribunal under Sub-section (1), fulfill such vacancy from
amongst the persons who are qualified under section 67 for remaining term of office of such a member.
(a) On expiry of terms of office,
(b) On attainment of sixty three years age,
(c) On death,
(d) If one tenders resignation
(e) If one is convicted by a court on any criminal offence involving moral turpitude, and,
(f) If it is proved that one has misbehavior or has become incompetent to perform one’s duty, while making an inquiry by Government of Nepal on the charge that one has misbehavior against one’s office or has become incompetent to perform one’s duty.
Provided that, a member of the Appellate Tribunal charged under this Clause shall be given a reasonable opportunity to defense his/her case.
(2) Notwithstanding anything contained in Clause (f), if the law member of the Tribunal is a sitting judge, while making such an inquiry, it shall
be done in accordance with the prevailing law concerning his/her terms of service.
(3) The procedure of inquiry, for the purpose of Clause (f) of Sub- section (1), shall as prescribed.
(4) Government of Nepal shall, in case of vacancy of the office of any member of Tribunal under Sub-section (1), fulfill such vacancy from
amongst the persons who are qualified under section 67 for remaining term of office of such a member.