Section 17 of the RTI Act, 2005: Removal of State Chief Information Commissioner or State Information Commissioner

Section 17 of the Right to Information Act, 2005 prescribes the grounds, authority and safeguards for removal of the State Chief Information Commissioner (SCIC) and State Information Commissioners (SICs). It also governs suspension while a reference to the Supreme Court is pending.

Key principle: Ordinarily, removal for proved misbehaviour or incapacity requires a Supreme Court inquiry and report following a reference by the Governor. Section 17(3) separately specifies grounds on which the Governor may order removal without the procedure in Section 17(1).

Section 17(1): Removal after Supreme Court inquiry

Subject to Section 17(3), an SCIC or SIC can be removed from office only by an order of the Governor on the ground of proved misbehaviour or incapacity, after the Supreme Court, on a reference made by the Governor, has inquired into the matter and reported that the Commissioner ought to be removed on that ground.

This procedure protects the independence of State Information Commissions by requiring judicial scrutiny before removal under Section 17(1).

Section 17(2): Suspension pending inquiry

Where the Governor has referred the case of an SCIC or SIC to the Supreme Court under Section 17(1), the Governor may suspend the Commissioner from office and, if considered necessary, prohibit attendance at the office during the inquiry. This may continue until the Governor passes orders after receiving the Supreme Court's report.

Section 17(3): Other statutory grounds for removal

Notwithstanding Section 17(1), the Governor may order removal of an SCIC or SIC in any of the following circumstances:

  1. Insolvency: the Commissioner is adjudged an insolvent.
  2. Conviction involving moral turpitude: the Commissioner has been convicted of an offence which, in the Governor's opinion, involves moral turpitude.
  3. Outside paid employment: the Commissioner engages in paid employment outside official duties during the term of office.
  4. Infirmity: the Commissioner is, in the Governor's opinion, unfit to continue in office because of infirmity of mind or body.
  5. Prejudicial interest: the Commissioner has acquired a financial or other interest likely to affect the discharge of official functions prejudicially.

These are express alternative grounds in the Act. The Supreme Court reference requirement in Section 17(1) does not apply to removal under Section 17(3), although the exercise of statutory power remains subject to applicable constitutional and legal safeguards.

Section 17(4): Interest in State Government contracts

An SCIC or SIC is deemed guilty of misbehaviour for the purposes of Section 17(1) if the Commissioner is concerned or interested in a contract or agreement made by or on behalf of the State Government, or participates in its profits, benefits or emoluments. The statutory exception covers an interest held merely as a member of an incorporated company in common with its other members.

Because Section 17(4) expressly operates for the purposes of Section 17(1), the Supreme Court reference and inquiry mechanism is relevant when removal is sought on this deemed-misbehaviour basis.

How does the removal procedure work?

  1. Ground identified: determine whether the case concerns proved misbehaviour or incapacity under Section 17(1), including Section 17(4), or an independent ground under Section 17(3).
  2. Reference where required: for Section 17(1), the Governor refers the matter to the Supreme Court for inquiry.
  3. Interim measures: after reference, the Governor may suspend the Commissioner or restrict attendance under Section 17(2).
  4. Decision: after the Supreme Court reports that removal is warranted, the Governor may issue a removal order under Section 17(1). For Section 17(3) grounds, the Governor exercises the separate statutory removal power.

Related provisions and official text

Section 15 deals with the constitution of State Information Commissions, while Section 16 governs terms of office and service conditions, including resignation and removal by the procedure in Section 17. Section 18 concerns the powers and functions of Information Commissions.

For the consolidated statutory text, consult the Right to Information Act, 2005 on India Code (official PDF). The Central Information Commission also publishes RTI resources.

Note on amendments: The Right to Information (Amendment) Act, 2019 modified certain tenure and service-condition provisions, including Section 16, but did not replace the removal grounds and process set out in Section 17.