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Procedure for Removal of Chief Information Commissioner or Information Commissioner
The procedure for the removal of the Chief Information Commissioner (CIC) or any Information Commissioner (IC) is outlined in Section 14 of the Right to Information (RTI) Act, 2005. Here are the key steps and conditions involved:
Grounds for Removal
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Proved Misbehaviour or Incapacity:
The CIC or any IC can be removed from office by an order of the President of India on the grounds of proved misbehaviour or incapacity. This must be based on an inquiry conducted by the Supreme Court of India.
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Other Grounds:
The President may also remove the CIC or any IC if they:
- Are adjudged insolvent.
- Are convicted of an offence involving moral turpitude.
- Engage in paid employment outside the duties of their office.
- Are deemed unfit to continue in office due to infirmity of mind or body.
- Acquire financial or other interests that prejudicially affect their functions.
Procedure for Removal
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Reference to Supreme Court:
If there are allegations of misbehaviour or incapacity, the President makes a reference to the Supreme Court for an inquiry.
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Inquiry by Supreme Court:
The Supreme Court conducts an inquiry into the allegations. During this period, the President may suspend the CIC or IC from office and prohibit them from attending office.
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Report by Supreme Court:
After the inquiry, the Supreme Court submits a report to the President. If the report confirms the allegations, the President can order the removal of the CIC or IC.
Conclusion
The procedure for the removal of the Chief Information Commissioner or any Information Commissioner is designed to ensure fairness and due process. It involves a thorough inquiry by the Supreme Court to uphold the integrity and accountability of the Central Information Commission.
If you have any more questions or need further clarification, feel free to ask!
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