Section Text
1) Subject to
the provisions of sub-section (3), the Chief Information Commissioner or any Information Commissioner
shall be removed from his office only by order of the President on the ground of proved misbehaviour or
incapacity after the Supreme Court, on a reference made to it by the President, has, on inquiry, reported
that the Chief Information Commissioner or any Information Commissioner, as the case may be, ought on
such ground be removed.
(2) The President may suspend from office, and if deem necessary prohibit also from attending the
office during inquiry, the Chief Information Commissioner or Information Commissioner in respect of
whom a reference has been made to the Supreme Court under sub-section (1) until the President has
passed orders on receipt of the report of the Supreme Court on such reference.
(3) Notwithstanding anything contained in sub-section (1), the President may by order remove from
office the Chief Information Commissioner or any Information Commissioner if the Chief Information
Commissioner or a 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 President, 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 President, 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 Chief Information Commissioner or a Information Commissioner.
(4) If the Chief Information Commissioner or a Information Commissioner in any way, concerned or
interested in any contract or agreement made by or on behalf of the Government of India or participates in
any way in the profit thereof or in any benefit or emolument 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