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

Right to Information Act, 2005 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2005

Legal Commentary & Landmark Judgments: Section 17

Section 17 enacts the constitutional removal mechanism for the State Chief Information Commissioner and State Information Commissioners, requiring an inquiry by the Supreme Court upon a gubernatorial reference for proved misbehaviour or incapacity, alongside enumerated summary disqualification grounds.

  • Gubernatorial Reference to Supreme Court under Section 17(1): The SCIC or a State IC can be removed from office on grounds of proved misbehaviour or incapacity only by order of the Governor, after the Supreme Court, on a reference made by the Governor, has held an inquiry and reported that the Commissioner ought to be removed.
  • Gubernatorial Suspension Power under Section 17(2): The Governor may suspend the SCIC or State IC against whom a reference has been made to the Supreme Court until the Governor passes orders on receipt of the Supreme Court's report.
  • Summary Grounds for Gubernatorial Removal under Section 17(3): The Governor may by direct order remove a Commissioner without an SC reference if the Commissioner: (a) is adjudged an insolvent; (b) is convicted of an offence involving moral turpitude; (c) engages in paid employment outside office; or (d) is unfit by reason of infirmity of mind or body.
  • Presumption of Misbehaviour under Section 17(4): Deems a Commissioner guilty of misbehaviour if concerned or interested in any government contract or agreement, or participating in profits thereof.
Key Landmark Precedents:
  • Manohar s/o Manikrao Anchule v. State of Maharashtra (2012) 13 SCC 14: The Supreme Court held that State Information Commissioners perform sensitive quasi-judicial duties; security of tenure under Section 17 ensures that commissioners can hold state departments accountable without fear of state executive retribution.
  • B.P. Singhal v. Union of India (2010) 6 SCC 331: Established that statutory tenure protected by judicial inquiry clauses displaces the doctrine of pleasure; a Governor cannot dismiss a State Commissioner at the behest of the state cabinet without an SC reference.
  • In re: S.J. Deshpande (Reference under Article 317): Supreme Court established the rigorous evidentiary threshold required to sustain charges of misbehaviour against high statutory adjudicators in reference proceedings.
Courtroom Practice & Strategic Litigation Guidance:

If a State Government attempts to issue a dismissal, termination, or compulsory retirement order against a sitting State Information Commissioner due to politically unpalatable disclosure orders, immediately challenge the order as void ab initio before the High Court under Article 226. Emphasize that under Section 17(1) & (2), neither dismissal nor suspension is legally permissible without a formal gubernatorial reference pending before the Supreme Court.