When can the State Chief Information Commissioner or the State Information Commission be removed?

Removal of State Chief Information Commissioner or State Information Commissioner

The State Chief Information Commissioner (SCIC) or a State Information Commissioner can be removed from office under specific conditions outlined in Section 17 of the Right to Information Act, 2005. Here are the key points:

1. Grounds for Removal:
   • Proved Misbehavior or Incapacity: The SCIC or a State Information Commissioner can be removed by the Governor on the grounds of proved misbehavior or incapacity. This requires an inquiry by the Supreme Court, which must report that the individual should be removed on such grounds. [1] [2]
   • Other Grounds: The Governor can also remove the SCIC or a State Information Commissioner if they:
     1. Are adjudged insolvent. [2]
     2. Are convicted of an offense involving moral turpitude. [2]
     3. Engage in paid employment outside the duties of their office. [2]
     4. Are deemed unfit to continue in office due to infirmity of mind or body. [2]
     5. Acquire financial or other interests that prejudicially affect their functions. [2]
2. Suspension During Inquiry:

   The Governor may suspend the SCIC or a State Information Commissioner from office during the inquiry by the Supreme Court and prohibit them from attending office until the inquiry is completed. [2]

3. Deemed Misbehavior:

   If the SCIC or a State Information Commissioner is involved in any contract or agreement with the government or benefits from it, they are deemed guilty of misbehavior. [2]

These provisions ensure that the SCIC and State Information Commissioners maintain high standards of integrity and impartiality in their roles.

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

1.Right to Information Act, 2005

2.Removal of State Chief Information Commissioner or State Information Commissioner