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 Govemor, 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 Govemor, 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 is, 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.
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.
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.