AAP Tax Law legal information

Section 14 of RTI Act, 2005: Removal of Chief Information Commissioner or Information Commissioner

Section 14 of the Right to Information Act, 2005 establishes safeguards and grounds for removal of the Chief Information Commissioner (CIC) and Central Information Commissioners (ICs). It distinguishes removal following a Supreme Court inquiry from specified grounds on which the President may order removal directly.

Contents

Section 14(1): Removal for proved misbehaviour or incapacity

Subject to Section 14(3), 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, after the Supreme Court, on a reference made by the President, has conducted an inquiry and reported that the Commissioner ought to be removed on that ground.

Accordingly, an allegation alone does not meet the statutory standard for removal under subsection (1). The Supreme Court inquiry and report form part of the procedure prescribed for this category of removal.

Section 14(2): Suspension while the inquiry is pending

Where a reference has been made to the Supreme Court under Section 14(1), the President may suspend the Commissioner from office and, if considered necessary, also prohibit the Commissioner from attending office during the inquiry. This interim measure can continue until the President passes orders after receiving the Supreme Court's report. Suspension is distinct from final removal.

Section 14(3): Five additional grounds for removal

Notwithstanding Section 14(1), the President may, by order, remove the Chief Information Commissioner or an Information Commissioner in any of the following circumstances:

  1. Section 14(3)(a) - Insolvency: The Commissioner is adjudged an insolvent.
  2. Section 14(3)(b) - Conviction involving moral turpitude: The Commissioner has been convicted of an offence which, in the President's opinion, involves moral turpitude.
  3. Section 14(3)(c) - Paid outside employment: The Commissioner engages, during the term of office, in paid employment outside official duties.
  4. Section 14(3)(d) - Infirmity: The Commissioner is, in the President's opinion, unfit to continue in office by reason of infirmity of mind or body.
  5. Section 14(3)(e) - Prejudicial interests: The Commissioner has acquired a financial or other interest likely to affect the performance of official functions prejudicially.

These are separate statutory grounds, for which subsection (3) does not prescribe the Supreme Court reference procedure of subsection (1).

Section 14(4): When a government contract interest amounts to misbehaviour

For the purposes of Section 14(1), a Commissioner is deemed guilty of misbehaviour if the Commissioner is in any way concerned or interested in a contract or agreement made by or on behalf of the Government of India, or participates in profits, benefits or emoluments arising from it. The statutory exception covers participation as a member, in common with other members, of an incorporated company.

This deeming provision identifies a particular conflict of interest as misbehaviour; where removal is pursued under subsection (1), its prescribed inquiry mechanism remains relevant.

Difference between removal and resignation

Section 13(4) separately allows a Chief Information Commissioner or Information Commissioner to resign by writing addressed to the President. Resignation is voluntary and is not the same as removal under Section 14. The appointment and composition of the Central Information Commission are covered by Section 12.

Scope: Section 14 deals with the Central Information Commission. Removal of State Chief Information Commissioners and State Information Commissioners is governed separately by Section 17 of the Act.