Removal of Information Commissioner
This is a discussion on Removal of Information Commissioner within the Ask for RTI Query forums, part of the RTI Community Support category; State Information Commissioner, Konkan Region, Maharashtra is not passing the orders judiciously. I made a representation to Chief SIC, Maharashtra. On personal visit to his office, his Secretary opined that ...
- 08-14-2010, 08:21 PM #1
Quite a regular
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Removal of Information Commissioner
State Information Commissioner, Konkan Region, Maharashtra is not passing the orders judiciously. I made a representation to Chief SIC, Maharashtra. On personal visit to his office, his Secretary opined that the Chief SIC cannot entertain my representation. I have explained in detail in the representation, the way SIC has dealt with my appeal and how he has supported the SPIO for not giving the information. He has made a mockery of the RTI Act. What is the remedy?
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- 08-14-2010, 09:17 PM #2
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Re: Removal of Information Commissioner
Make a representation to Governor of Maharashtra.Sponsorer
- 08-15-2010, 09:35 AM #3
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Re: Removal of Information Commissioner
Please do not waste your time.
Read Sec 17 thoroughly.
IC can only be removed for :
- Proved misbehaviour; or
- Incapacity; or
- is adjudged an insolvent; or
- has been convicted of an offence which, in the opinion of the Governor, involves moral turpitude; or
- engages during his term of office in any paid employment outside the duties of his office; or
- is, in the opinion of the Governor, unfit to continue in office by reason of infirmity of mind or body; or
- 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.
Can you prove any of the above and satisfy the Supreme Court inquiry ?
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The Following User Says Thank You to karira For This Useful Post:
Atul Patankar (08-15-2010)
- 08-15-2010, 12:18 PM #4
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Re: Removal of Information Commissioner
The Chief SIC (Dr. Suresh Joshi) is not the boss of other SICs. He is just the 'first among equals'. So he has no powers to take any action against Konkan SIC. The course of removal of IC is very tedious, even a chief minister will find it difficult. This was the intention of the legislature, to ensure their independence.
You do not get justice in the court. The thing that you get in court is called justice. Learn to live with it.
- 08-17-2010, 01:56 AM #5
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Re: Removal of Information Commissioner
Please read the Post #3 of Mr. Karira. I my opinion, Governor of Maharashtra (Appointing Authority) is the competent Authority to remove the erring IC. So a a petition should be invariably sent to the Governor of Maharashtra, with Copies to the Chief Minister, Chief Secretary, Chief Justice of Maharashtra High Court, Chief Justice of the Supreme Court as well as to the President of India.
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