Section 14 RTI Act: Removal of Chief Information Commissioner or Information Commissioner

Right to Information Act, 2005

Section 14 RTI Act at a Glance

Section 14 RTI Act sets the rules for removing or suspending the Chief Information Commissioner or an Information Commissioner. The President can order removal after a Supreme Court inquiry into proved misbehaviour or incapacity, or directly on five listed grounds.

Section 14 RTI Act Bare Act Text

14. Removal of Chief Information Commissioner or Information Commissioner.
(1) Subject to the provisions of sub-section (3), the Chief Information Commissioner or any Information Commissioner shall be removed from his office only by order of the President on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the President, has, on inquiry, reported that the Chief Information Commissioner or any Information Commissioner, as the case may be, ought on such ground be removed.
(2) The President may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the Chief Information Commissioner or Information Commissioner in respect of whom a reference has been made to the Supreme Court under sub-section (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference.
(3) Notwithstanding anything contained in sub-section (1), the President may by order remove from office the Chief Information Commissioner or any Information Commissioner if the Chief Information Commissioner or a 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 President, 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 President, 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 Chief Information Commissioner or a Information Commissioner.
(4) If the Chief Information Commissioner or a Information Commissioner in any way, concerned or interested in any contract or agreement made by or on behalf of the Government of India or participates in any way in the profit thereof or in any benefit or emolument 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.

Section 14 RTI Act in Simple Words

Section 14 RTI Act governs the removal and suspension from office of the Chief Information Commissioner and any Information Commissioner in the Central Information Commission. Under Section 14(1) RTI Act, subject to the exceptions in Section 14(3) RTI Act, the Chief Information Commissioner or an Information Commissioner can be removed from office only by an order of the President on the ground of proved misbehaviour or incapacity. Before the President can pass that removal order, the President must refer the matter to the Supreme Court, and the Supreme Court must hold an inquiry and report that the Commissioner ought to be removed on that ground.

Under Section 14(2) RTI Act, once the President has referred a case against the Chief Information Commissioner or an Information Commissioner to the Supreme Court under Section 14(1) RTI Act, the President may suspend that Commissioner from office. If the President considers it necessary, the President may also bar the Commissioner from attending the office during the inquiry. Such a suspension or bar lasts until the President passes orders after receiving the Supreme Court's report on the reference.

Section 14(3) RTI Act creates an exception to Section 14(1) RTI Act and allows the President to remove the Chief Information Commissioner or any Information Commissioner directly by order, without a Supreme Court reference and inquiry, in five situations. These five grounds are: (a) the Commissioner is adjudged an insolvent; (b) the Commissioner has been convicted of an offence which, in the opinion of the President, involves moral turpitude; (c) the Commissioner engages during the term of office in any paid employment outside the duties of the office; (d) the Commissioner is, in the opinion of the President, unfit to continue in office because of infirmity of mind or body; or (e) the Commissioner has acquired a financial or other interest that is likely to affect prejudicially the Commissioner's functions.

Section 14(4) RTI Act defines when contract involvement counts as misbehaviour for the purposes of Section 14(1) RTI Act. If the Chief Information Commissioner or an Information Commissioner is in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India, or participates in any way in its profit or in any benefit or emolument arising from it, that Commissioner is deemed to be guilty of misbehaviour under Section 14(1) RTI Act. This rule does not apply where the Commissioner's interest or participation is only as a member of an incorporated company and in common with the other members of that company.

When Section 14 RTI Act Applies

General removal route under Section 14(1) RTI Act: the President makes a reference to the Supreme Court regarding the Chief Information Commissioner or an Information Commissioner.
Supreme Court inquiry and report: the Supreme Court holds an inquiry and reports that the Commissioner ought to be removed on the ground of proved misbehaviour or incapacity.
Presidential removal order: the President orders removal based on that Supreme Court report.
Interim suspension under Section 14(2) RTI Act: after making a reference to the Supreme Court, the President may suspend the Commissioner and, if considered necessary, prohibit office attendance until orders are passed on the Supreme Court's report.
Direct removal under Section 14(3) RTI Act: without a Supreme Court inquiry, the President may by order remove a Commissioner for insolvency, conviction involving moral turpitude (in the President's opinion), outside paid employment during the term, mental or bodily infirmity (in the President's opinion), or acquiring an interest likely to prejudicially affect official functions.
Deemed misbehaviour under Section 14(4) RTI Act: concern, interest or profit participation in a Government of India contract or agreement counts as misbehaviour for Section 14(1) RTI Act, unless held only as a member and in common with other members of an incorporated company.

Example of Section 14 RTI Act

Sameer, an Information Commissioner in the Central Information Commission, enters into a personal agreement in Vadodara to take a share of the profit from a supply contract made with the Government of India, rather than holding an interest as a member in common with other members of an incorporated company. Under Section 14(4) RTI Act, participating in the profit of a Government of India contract in that way deems Sameer guilty of misbehaviour for the purposes of Section 14(1) RTI Act. To pursue removal on that ground, the President refers the matter to the Supreme Court under Section 14(1) RTI Act, and under Section 14(2) RTI Act the President may suspend Sameer from office and prohibit Sameer from attending the office during the inquiry. Once the Supreme Court holds its inquiry and reports that Sameer ought to be removed on that ground, the President can pass an order removing Sameer from office under Section 14(1) RTI Act.

When Section 14 RTI Act Does Not Apply

Section 14(4) RTI Act does not deem a Chief Information Commissioner or Information Commissioner guilty of misbehaviour where the concern, interest or participation in a Government of India contract or agreement is only as a member and in common with the other members of an incorporated company.
The requirement of a Supreme Court reference, inquiry and report under Section 14(1) RTI Act does not apply where the President orders removal on one of the five grounds listed in Section 14(3) RTI Act.
Outside the five grounds in Section 14(3) RTI Act, Section 14(1) RTI Act does not allow removal of the Chief Information Commissioner or an Information Commissioner without a Presidential order following a Supreme Court inquiry and report on proved misbehaviour or incapacity.

FAQs on Section 14 RTI Act

What is Section 14 RTI Act?▼

Section 14 RTI Act sets the procedure and grounds for removing or suspending the Chief Information Commissioner or an Information Commissioner of the Central Information Commission. Under Section 14 RTI Act, only the President can order removal, either after a Supreme Court inquiry into proved misbehaviour or incapacity under Section 14(1) RTI Act, or directly on five specific grounds under Section 14(3) RTI Act.

Who has the power to remove the Chief Information Commissioner under Section 14 RTI Act?▼

The President. Under both Section 14(1) RTI Act and Section 14(3) RTI Act, removal of the Chief Information Commissioner or any Information Commissioner takes place only by an order of the President.

Can the President remove an Information Commissioner without a Supreme Court inquiry under Section 14 RTI Act?▼

Yes, on five specific grounds listed in Section 14(3) RTI Act. The President may order removal without a Supreme Court inquiry if the Commissioner is adjudged insolvent, is convicted of an offence involving moral turpitude in the President's opinion, takes outside paid employment during the term of office, is unfit due to mental or bodily infirmity in the President's opinion, or acquires an interest likely to prejudicially affect official functions. On any other allegation of misbehaviour or incapacity, a Supreme Court inquiry and report under Section 14(1) RTI Act is mandatory first.

Can a Commissioner be suspended during a Supreme Court inquiry under Section 14(2) RTI Act?▼

Yes. Once the President has referred a matter to the Supreme Court under Section 14(1) RTI Act, Section 14(2) RTI Act allows the President to suspend the Chief Information Commissioner or Information Commissioner from office. If considered necessary, the President may also prohibit that Commissioner from attending the office until orders are passed on receipt of the Supreme Court's report.

Does membership in an incorporated company that holds a Government of India contract count as misbehaviour under Section 14(4) RTI Act?▼

No, provided the Commissioner's interest or participation is only as a member and in common with the other members of that incorporated company. Outside that exception, Section 14(4) RTI Act deems any concern, interest, or participation in the profit, benefit or emolument of a contract or agreement made by or on behalf of the Government of India to be misbehaviour for Section 14(1) RTI Act.

Who decides whether a criminal conviction or infirmity justifies removal under Section 14(3) RTI Act?▼

The President. Under Section 14(3)(b) and Section 14(3)(d) RTI Act, it is the opinion of the President that determines whether an offence of which a Commissioner is convicted involves moral turpitude, and whether mental or bodily infirmity makes a Commissioner unfit to continue in office.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Right to Information Act, 2005 ·