Section 17 RTI Act: Removal of State Chief Information Commissioner or State Information Commissioner

Right to Information Act, 2005

Section 17 RTI Act at a Glance

Section 17 RTI Act sets out how the Governor can remove or suspend the State Chief Information Commissioner or a State Information Commissioner. Removal for misbehaviour or incapacity requires a Supreme Court inquiry, while 5 specific grounds allow direct removal.

Section 17 RTI Act Bare Act Text

17. 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
(d) 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.

Section 17 RTI Act in Simple Words

Section 17 RTI Act lays down the grounds and procedure for removing or suspending the State Chief Information Commissioner or a State Information Commissioner. Under Section 17(1) RTI Act, subject to the exceptions in Section 17(3) RTI Act, a Commissioner can be removed from office only by an order of the Governor on the ground of proved misbehaviour or incapacity. Before the Governor can pass that order, the Governor 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 17(2) RTI Act, once the Governor has made a reference to the Supreme Court under Section 17(1) RTI Act, the Governor may suspend the concerned State Chief Information Commissioner or State Information Commissioner from office. If the Governor considers it necessary, the Governor may also prohibit that Commissioner from attending office during the inquiry, until the Governor passes orders after receiving the Supreme Court's report on the reference.

Section 17(3) RTI Act overrides Section 17(1) RTI Act and allows the Governor to remove the State Chief Information Commissioner or a State Information Commissioner directly by order, without a Supreme Court reference, in 5 situations. Direct removal is permitted if the Commissioner: (a) is adjudged an insolvent; (b) has been convicted of an offence that, in the opinion of the Governor, involves moral turpitude; (c) engages during the term of office in any paid employment outside the duties of office; (d) is, in the opinion of the Governor, unfit to continue in office because of infirmity of mind or body; or (e) has acquired a financial or other interest that is likely to prejudicially affect the Commissioner's functions.

Section 17(4) RTI Act explains when an interest in a government contract counts as misbehaviour for the purposes of Section 17(1) RTI Act. If the State Chief Information Commissioner or a State Information Commissioner is in any way concerned or interested in any contract or agreement made by or on behalf of the State Government, or participates in any way in its profit or in any benefit or payment (emoluments) arising from it, that Commissioner is deemed to be guilty of misbehaviour under Section 17(1) RTI Act. An exception applies where the Commissioner participates only as a member, and in common with the other members, of an incorporated company.

When Section 17 RTI Act Applies

Removal for misbehaviour or incapacity (Section 17(1) RTI Act): Requires a reference by the Governor to the Supreme Court, a Supreme Court inquiry reporting that the Commissioner ought to be removed on proved misbehaviour or incapacity, and a removal order by the Governor.
Interim suspension (Section 17(2) RTI Act): After making a reference to the Supreme Court under Section 17(1) RTI Act, the Governor may suspend the Commissioner and, if considered necessary, prohibit attendance at office until orders are passed on the Supreme Court's report.
Objective grounds for direct removal (Section 17(3)(a), (c), and (e) RTI Act): Despite Section 17(1) RTI Act, the Governor may by order remove a Commissioner who is adjudged an insolvent, engages in outside paid employment during the term of office, or acquires a financial or other interest likely to prejudicially affect official functions.
Governor's opinion grounds for direct removal (Section 17(3)(b) and (d) RTI Act): The Governor may by order remove a Commissioner convicted of an offence that in the Governor's opinion involves moral turpitude, or who in the Governor's opinion is unfit to continue due to infirmity of mind or body.
Deemed misbehaviour in State contracts (Section 17(4) RTI Act): Being concerned or interested in a State Government contract or sharing in its profits or benefits (except as a member in common with other members of an incorporated company) is deemed misbehaviour for the purposes of Section 17(1) RTI Act.

Example of Section 17 RTI Act

Farooq serves as a State Information Commissioner in Ranchi when allegations of misbehaviour in office are placed before the Governor. Under Section 17(1) RTI Act, the Governor cannot remove Farooq on the ground of misbehaviour without first referring the matter to the Supreme Court for an inquiry. After sending the reference to the Supreme Court, the Governor exercises the power under Section 17(2) RTI Act to suspend Farooq from office and prohibit Farooq from attending office while the inquiry is pending. Once the Supreme Court completes its inquiry and reports that the misbehaviour is proved and Farooq ought to be removed, the Governor issues an order under Section 17(1) RTI Act removing Farooq from office.

When Section 17 RTI Act Does Not Apply

Ordinary membership in an incorporated company (Section 17(4) RTI Act): Participating in the profit, benefit, or emoluments of a State Government contract only as a member, and in common with the other members, of an incorporated company is excluded from deemed misbehaviour under Section 17(4) RTI Act.
Removal for misbehaviour or incapacity without a Supreme Court report (Section 17(1) RTI Act): Unless one of the 5 grounds in Section 17(3) RTI Act applies, the Governor cannot remove a Commissioner for misbehaviour or incapacity unless the Supreme Court, on a reference by the Governor, has inquired and reported that the Commissioner ought to be removed.
Suspension without a pending Supreme Court reference (Section 17(2) RTI Act): The power to suspend a Commissioner and prohibit office attendance under Section 17(2) RTI Act applies only in respect of a Commissioner whose case has been referred to the Supreme Court under Section 17(1) RTI Act, and ends when the Governor passes orders on receiving the Supreme Court's report.

FAQs on Section 17 RTI Act

What is Section 17 RTI Act?▼

Section 17 RTI Act governs the removal and interim suspension of the State Chief Information Commissioner and State Information Commissioners by the Governor. Under Section 17 RTI Act, removal for proved misbehaviour or incapacity requires a Supreme Court inquiry, while 5 listed grounds allow the Governor to remove a Commissioner directly by order.

Who has the authority to remove a State Information Commissioner under Section 17 RTI Act?▼

The Governor. Under Section 17(1) RTI Act, the Governor removes the State Chief Information Commissioner or a State Information Commissioner by order for proved misbehaviour or incapacity after a Supreme Court inquiry report recommending removal. Under Section 17(3) RTI Act, the Governor may also remove a Commissioner directly by order on 5 specified grounds.

Can the Governor remove a State Information Commissioner without a Supreme Court inquiry?▼

Yes. Under Section 17(3) RTI Act, no Supreme Court inquiry is needed if the Commissioner is adjudged an insolvent, takes outside paid employment during the term of office, or acquires a financial or other interest likely to prejudicially affect official functions. Direct removal by the Governor also applies if, in the Governor's opinion, the Commissioner is convicted of an offence involving moral turpitude or is unfit to continue due to infirmity of mind or body.

Can the Governor suspend a State Information Commissioner during a removal inquiry?▼

Yes. Under Section 17(2) RTI Act, once the Governor has referred a case to the Supreme Court under Section 17(1) RTI Act, the Governor may suspend the Commissioner from office and, if considered necessary, prohibit the Commissioner from attending office until orders are passed on the Supreme Court's report.

Does sharing in a State Government contract as an ordinary member of an incorporated company count as misbehaviour under Section 17(4) RTI Act?▼

No. Section 17(4) RTI Act treats an interest in a State Government contract or its profits as misbehaviour for the purposes of Section 17(1) RTI Act, except where the Commissioner participates only as a member and in common with the other members of an incorporated company.

Can a State Information Commissioner take another paid job while in office?▼

No. Under Section 17(3)(c) RTI Act, if the State Chief Information Commissioner or a State Information Commissioner engages in any paid employment outside the duties of office during the term of office, the Governor may remove that Commissioner from office by order.

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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 ·