Section 17 – THE RIGHT TO INFORMATION ACT, 2005

Removal of State Chief Information Commissioner or State Information Commissioner

(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
(ci) 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.

Practice area's of B K Goyal & Co LLP

Company Registration Services in major cities of India

Complete CA Services

RERA Services

Most read resources