Removal Of State Chief Information Commissioner

Removal of State Chief Information Commissioner

Differences in the Karnataka Information Commission have come to the fore with nine commissioners petitioning Governor Vajubhai Vala to take action against Chief Information Commissioner N.C. Srinivasa.

  • All the information commissioners have accused Mr. Srinivasa of not taking them into confidence on important decisions, interfering in their official work, suppressing information on the annual convention recently held by the Central Information Commission.
  • As per the RTI Act, 2005:
  • 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 misbehavior 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.
  • 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 until the Governor has passed orders on receipt of the report of the Supreme Court on such reference.
  • 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,-
  • Is adjudged an insolvent
  • Has been convicted of an offence which, in the opinion of the Governor, involves moral turpitude
  • Engages during his term of office in any paid employment outside the duties of his office
  • Is, in the opinion of the Governor, unfit to continue in office by reason of infirmity of mind or body. 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
  • 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 there from otherwise than as a member and in common with the other members of an incorporated company, he shall be deemed to be guilty of misbehavior
  • The Centre has also curtailed the tenure of information commissioners in transparency panels across the country to three years in new RTI rules. The 2005 Act gave them a fixed tenure of five years or a retirement age of 65 years, whichever is earlier.
  • The Centre had amended the Right to Information Act, 2005 in July ending the parity enjoyed by Chief Information Commissioner and Information Commissioners with Chief Election Commissioner and Election Commissioners on terms and conditions of their service and tenure.

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