Section 17 of The Right to Information Act, 2005
- (1)Subject to the provisions of sub-section (3), the State Chief Information Commissioner or a State Information Commissioner shall be removed from his office only by order of the Governor on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the Governor, has on inquiry, reported that the State Chief Information Commissioner or a State Information Commissioner, as the case may be, ought on such ground be removed.
- (2)The Governor may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the State Chief Information Commissioner or a State Information Commissioner in respect of whom a reference has been made to the Supreme Court under sub-section (1) until the Governor has passed orders on receipt of the report of the Supreme Court on such reference.
- (3)Notwithstanding anything contained in sub-section (1), the Governor may by order remove from office the State Chief Information Commissioner or a State Information Commissioner if a State Chief Information Commissioner or a State Information Commissioner, as the case may be,--
- (a)is adjudged an insolvent; or
- (b)has been convicted of an offence which, in the opinion of the Governor, involves moral turpitude; or
- (c)engages during his term of office in any paid employment outside the duties of his office; or
- (d)is, in the opinion of the Governor, unfit to continue in office by reason of infirmity of mind or body; or
- (e)has acquired such financial or other interest as is likely to affect prejudicially his functions as the State Chief Information Commissioner or a State Information Commissioner.
- (4)If the State Chief Information Commissioner or a State Information Commissioner in any way, concerned or interested in any contract or agreement made by or on behalf of the Government of the State or participates in any way in the profit thereof or in any benefit or emoluments arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section (1), be deemed to be guilty of misbehaviour.
Summary
- A State Chief Information Commissioner or State Information Commissioner is normally removed by an order of the Governor for proved misbehaviour or incapacity.
- The Governor cannot decide this alone; they must refer the matter to the Supreme Court, which holds an inquiry and reports back that removal is justified.
- While waiting for the Supreme Court's report, the Governor has the power to suspend the commissioner and ban them from attending the office.
- The Governor can skip the Supreme Court and order immediate removal for specific reasons, including bankruptcy, conviction for a crime of moral turpitude, taking outside paid employment, or severe mental/physical infirmity.
- A commissioner is guilty of misbehaviour if they secretly acquire an interest or participate in the profits of a contract made by the State Government, unless they are just a standard shareholder in a registered company.
Practical examples
FAQ
1. If a State Information Commissioner acts badly, does the High Court of that state investigate?
No, the law specifically requires the reference to be made to the Supreme Court, not a state-level court.
2. Can the Governor fire a commissioner immediately if they go bankrupt?
Yes, being adjudged an insolvent is one of the specific grounds where the Governor can order removal without a Supreme Court inquiry.
3. What happens if a commissioner buys shares in a large public company that happens to have a government contract?
They are safe. The law provides an exception if their interest is merely as a member in common with the other members of an incorporated company.
Test yourself
Q1.Under Section 17 of The Right to Information Act, 2005, who has the authority to officially order the removal of a State Information Commissioner?
Q2.Under Section 17 of The Right to Information Act, 2005, which court must the Governor refer a case to when seeking to remove a commissioner for general misbehaviour or incapacity?
Q3.Under Section 17 of The Right to Information Act, 2005, what specific financial situation allows the Governor to bypass an inquiry and immediately remove a state commissioner?
Q4.Under Section 17 of The Right to Information Act, 2005, a state commissioner is deemed guilty of misbehaviour if they are interested in a contract made by the State Government. How does this differ slightly from the equivalent rule for Central commissioners?