Section 3 in Uttar Pradesh Public Service (Tribunals) Act, 1976
3. [Constitution of the Tribunal. [Substituted by section 5 of U. P. Act no 07 of 1992.]
(1)As soon as may be after the commencement of the Uttar Pradesh Public Services (Tribunals) (Amendment) Act, 1992, the State Government shall, by notification, establish a Tribunal to be called the State Public Services Tribunal.](2)The Tribunal shall consist of a Chairman, [a Vice-Chairman (Judicial), a Vice-Chairman (Administrative)] [Substituted by section 4 (a) of U. P. Act no 05 of 2000.] and such number of other judicial and Administrative members not less than five in each category, as may be determined by the State Government.(3)A person shall not be qualified for appointment as Chairman, unless he-(a)has been a Judge of a High Court, or(b)has, for at least two years held the post of Vice-Chairman, or(c)has been a member of the Indian Administrative Service who has held the post of a Secretary to the Government of India or any other post under the Central or the State Government equivalent thereto, and has adequate experience in dispensation of justice.(4)[ A person shall not be qualified for appointment as Vice Chairman (Judicial) unless he,-(a)has held the post of District judge or any other post equivalent thereto for at least five years; or(b)has, for at least two years held the post of a judicial member;(4A)A person shall not be qualified for appointment as vice-Chairman (Administrative) unless, he, -(a)has, for at least two years, held the post of an Administrative member; or(b)has, for at least two years, held the post of Additional Secretary to the Government of India or any other post under the Central or a State Government carrying a scale of pay which is not less than that of an Additional Secretary to the Government of India and has, in the opinion of the State Government, adequate experience in dispensation of justice.](5)A person shall not be qualified for appointment as a judicial Member, unless he has held the post of District Judge, or any other post equivalent thereto.(6)A person shall not be qualified for appointment as an administrative Member, unless he has held, or has been eligible to hold, the post of Commissioner of a Division or joint Secretary to the Government of India and [has, in the opinion of the State Government, adequate experience] [Substituted by section 4(c) of U. P. Act no 05 of 2000.] in dispensation of justice.(7)The Chairman, vice-Chairman and every other member shall be appointed by the [State Government after consolation with the Chief Justice for which proposal will be initiated by the State Government] [Substituted by section 4(d) of U. P. Act no 05 of 2000.]:Provided that no person shall assume the office of Chairman, Vice-Chairman or other member, as the case may be, unless he has resigned or retired from, as the case may be, the judgeship of the high court, or the Indian Administrative Service or the Uttar Pradesh Higher Judicial Service or any other service in which he was serving except the service as vice-Chairman or Member.(8)The Chairman, Vice-Chairman or other member shall hold office as such for a term of five years from the date on which he enters upon his office but shall be eligible for re-appointment for another term of five years:Provided that no Chairman, vice-Chairman or other member shall held office as such after he has attained,(a)[ in the case of Chairman or Vice-Chairman, the age of sixty-seven years, and [Substituted by section 3 of Uttarakhand Act no 34 of 2013.](b)in the case of any other member the age of sixty-five years.](9)The Chairman, Vice-Chairman or any other member may by notice in writing under his hand addressed to the Governor resign his office:Provided that the Chairman, Vice-Chairman or other member shall, unless he is permitted by the Governor to relinquish his office sooner, continue to hold office until the expiration of three months from the date of receipt of notice or until a person duly appointed as his successor enters upon office or until the expiration of his term of office, whichever is the earliest.(10)The Chairman, Vice-Chairman or any other member shall not be removed from his office except by an order made by the Governor on the ground of proved misbehaviour or incapacity after [in inquiry made by the Chief Justice or such judge of the High court as may be nominated by the Chief Justice] [Substituted by section 4 (e) of U. P. Act no 05 of 2000.] in the prescribed manner, in which such Chairman, Vice-Chairman or other member as the case may be, has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.(11)On ceasing to hold office, the Chairman, Vice-Chairman or other member shall be ineligible for further employment under the State Government, or any local or other authority under the control of the State Government, or any corporation or society owned or controlled by the State Government:Provided that subject to other provisions of this Act, a Vice-Chairman shall be eligible for appointment as Vice-Chairman or Chairman.(12)On ceasing and allowances payable to the Chairman, Vice-Chairman and other members shall not appear, act or plead before the Tribunal on behalf of any person.(13)The salaries and allowances payable to the Chairman, Vice- Chairman and the members and the other conditions of their service shall be such as may be determined by the State Government from time to time.(14)Where the Chairman is unable to discharge his functions owing to absence, illness or any other cause, or where any vacancy occurs in the office of the Chairman by reason of his death, resignation or otherwise, the Vice-Chairman and where the vice Chairman is likewise unable to discharge his function or the office of the Vice Chairman also is vacant, such other member as the State Government may by special or general order specify, shall discharge the functions of the Chairman until the Chairman resumes his duties or as the case may be a Chairman appointed in accordance with the provisions of this Act assumes charge of his office.
