Section 4 in The Cyber Appellate Tribunal (Procedure for Investigation of Misbehaviour or Incapacity of Chairperson and Members) Rules, 2009
4. Judge to conduct inquiry.
(1)If, the President, on receipt of the report of the Committee under sub-rule (4) of rule 3, is of the opinion that there are reasonable grounds for making an inquiry into the truth of any imputation of misbehaviour or incapacity of the Chairperson or the Member, as the case maybe, then, he shall make a reference to the Chief Justice of India requesting him to nominate a Judge of the Supreme Court to conduct the inquiry.(2)The President shall, by order, appoint the Judge of the Supreme Court nominated by the Chief Justice of India (hereinafter referred to as the Judge) for the purpose of conducting the inquiry.(3)Notice of appointment of the Judge under sub-rule (2) shall be given to the Chairperson or the Member, as the case may be.(4)The President shall forward to the Judge a copy of-(a)the articles of charges against the Chairperson or the Member, as the case maybe, and the statement of imputations;(b)the statement of witnesses, if any; and(c)material documents relevant to the inquiry(5)The Judge appointed under sub-rule (2) shall complete the inquiry within such time or further time as may be specified by the President.(6)The Chairperson or the Member, as the case maybe, shall be given a reasonable opportunity of presenting a written statement of defence within such time as may be specified in this behalf by the Judge.(7)Where it is alleged that the Chairperson or the Member, as the case maybe, is unable to discharge the duties of his office efficiently due to any physical or mental incapacity and the allegation is denied, the Judge may arrange for the medical examination of the Chairperson or the Member, as the case may be, by such Medical Board as may be appointed for the purpose by the President and the Chairperson or the Member, as the case may be, shall submit himself to such medical examination within the time specified in this behalf by the Judge.(8)The Medical Board shall undertake such medical examination of the Chairperson or the Member, as the case may be, as may be considered necessary to and submit a report to the Judge stating therein whether the incapacity is such as to render the Chairperson or the Member, as the case maybe, unfit to continue in office.(9)If the Chairperson or the Member, as the case maybe, refuses to undergo such medical examination as considered necessary by the Medical Board, the Board shall submit a report to the Judge stating therein the examination which the Chairperson or the Member, as the case maybe, has refused to undergo, and the Judge may, on receipt of such report, presume that the Chairperson or the Member, as the case may be, suffers from such physical or mental incapacity as is alleged in the article of charges referred to clause (a) of sub-rule (4).(10)The Judge may, after considering the written statement of the Chairperson or the Member, as the case maybe, and report of the Medical Board, if any, amend the article of charges referred to in clause (a) of sub-rule (4) and in such case, the Chairperson or the Member, as the case maybe, shall be given a reasonable opportunity of presenting a fresh written, statement of defence.(11)The Central Government shall appoint an officer of that Government or an advocate to present the case against the Chairperson or the Member, as the case may be, before the Judge.(12)Where the Central Government has appointed an advocate to present its case before the Judge, the Chairperson or the Member, as the case maybe, shall also be allowed to present his case by an advocate chosen by him.
