What is the term of office and conditions of the service of State Chief Information Commissioner?

Term of Office and Conditions of Service of State Chief Information Commissioner

The term of office and conditions of service for the State Chief Information Commissioner (SCIC) in India are governed by the Right to Information Act, 2005, and its subsequent amendments. Here is a detailed overview:

Term of Office

1. Duration: The SCIC holds office for a term of three years from the date of entering office or until the age of 65, whichever is earlier. This ensures that the tenure is limited and aligns with the retirement age norms for high-ranking officials in India.
2. Reappointment: The SCIC is not eligible for reappointment. This provision is designed to maintain the independence and impartiality of the office, preventing any potential conflicts of interest that might arise from extended tenure.

Conditions of Service

1. Salaries and Allowances:
   1. The salaries, allowances, and other terms and conditions of service for the SCIC are prescribed by the Central Government. These cannot be varied to the disadvantage of the SCIC after their appointment. This provision ensures financial security and independence, allowing the SCIC to perform their duties without undue influence.
   2. The SCIC's salary is equivalent to that of the Chief Secretary of the state. This parity underscores the importance and stature of the position within the state administration.
2. Resignation and Removal:
   1. The SCIC can resign from office by writing to the Governor. This straightforward process allows for voluntary exit from the position.
   2. The SCIC can be removed from office only in the manner specified under Section 17 of the RTI Act. Grounds for removal include proven misbehavior or incapacity, and the process involves an inquiry by the Supreme Court of India. This stringent process ensures that the SCIC cannot be arbitrarily removed, thus protecting the integrity of the office.
3. Oath of Office: Before entering office, the SCIC must make and subscribe an oath or affirmation before the Governor or a person appointed by the Governor. This formal procedure emphasizes the commitment to uphold the duties and responsibilities of the office with integrity and impartiality.
4. Support Staff: The State Government is responsible for providing the SCIC with the necessary officers and employees for the efficient performance of their functions. This support is crucial for the SCIC to effectively manage the workload and ensure the smooth operation of the State Information Commission.
5. Retirement from Parent Service: If the SCIC was in the service of the Central or State Government at the time of appointment, they are deemed to have retired from such service from the date of their appointment as SCIC. This provision ensures that the SCIC can fully dedicate their time and efforts to their new role without any conflicts of interest.

Additional Provisions

1. Pension and Benefits: The SCIC is entitled to pension and other retirement benefits as per the rules applicable to the Chief Secretary of the state. This ensures that the SCIC's post-retirement life is secure, reflecting the high regard and respect for the position.
2. Restrictions on Further Employment: After ceasing to hold office, the SCIC is not eligible for any further appointment in the Central or State Government. This restriction is intended to prevent any potential conflicts of interest and ensure that the SCIC's decisions are not influenced by prospects of future employment.
3. Immunity from Legal Proceedings: The SCIC is protected from legal proceedings for actions taken in good faith while performing their duties. This immunity is crucial for allowing the SCIC to perform their functions without fear of legal repercussions, provided their actions are within the scope of their authority and in good faith.

Conclusion

The term of office and conditions of service for the State Chief Information Commissioner are designed to ensure independence, impartiality, and efficiency in the functioning of the office. By providing a fixed term, prohibiting reappointment, and ensuring financial and legal protections, the RTI Act aims to create a robust framework for transparency and accountability in public administration.

If you have any more questions or need further details, feel free to ask!

Right to Information Act, 2005

RTI (Term of Office, Salaries, Allowances & Other Terms & Conditions of Service of CIC, IC's in Central Information Commission, State CIC & State IC's in State Information Commission) Rules, 2019