Does the Chief Information Commissioner have the power to transfer information commissioner?

Right to Information (RTI) activist Anil Galgali has alleged that the Chief Information Commissioner of the Maharashtra State Information Commission (SIC) had transferred three State Information Commissioner on 11 June 2012 by impeaching on the powers of Governor. As per the transfer orders, three information commissioners were shifted - Bhaskar Patil was transferred from Amravati to Nagpur; PW Patil Nagpur was transferred to Nashik from Nagpur and MH Shah was transferred to Pune from Nashik. 

A debate has emerged whether the Chief Information Commissioner has the powers to issue such orders. The power to appoint, or remove information commissioner rests with the Governor while the general superintendence, direction and management of the affairs of the Information Commission vest in the Chief Information Commissioner. The relevant sections of the RTI Act, 2005 are given below:

Section 12(4) The general superintendence, direction and management of the affairs of the Central Information Commission shall vest in the Chief Information Commissioner who shall be assisted by the Information Commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the Central Information Commission autonomously without being subjected to directions by any other authority under this Act.

Section 15 (4) The general superintendence, direction and management of the affairs of the State Information Commission shall vest in the State Chief Information Commissioner who shall be assisted by the State Information Commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the State Information Commission autonomously without being subjected to directions by any other authority under this Act.

In the past, when information commissioner Vilas Patil sought transfer from Nagpur to Nashik, a Committee consisting of the state Chief Minister, deputy CM and leader of opposition made a recommendation to the Governor in favour of transfer. After obtaining the opinion from the Ministry of Law and Advocate General of Maharashtra (AG), the Governor shifted Vilas Patil in a circuitous manner. Vilas Patil resigned as the information commissioner at Nagpur, then the Committee recommended his name for appointment as the information commissioner at Nashik. The Governor accepted the recommendation and issued order to appoint Vilas Patil as the information commissioner at Nashik. It is worth noting that as per Section 15 of RTI Act, the Governor has the powers to appoint the information commissioner on recommendations of a three membered Committee headed by the chief minister. 

Referring to the above case, Galgali has claimed that the Chief Information Commissioner does not have the power to transfer the Information Commissioner. As the post of information commissioner is not transferrable, Gaikwad has overstepped his powers by issuing transfer orders for the three information commissioners. He has further alleged that since the transfer postings of the respective information commissioners are illegal, various orders, or decisions taken by them, by virtue of occupying the position, become redundant and illegal with retrospective effect. 

Requesting an urgent intervention by the Governor in this matter, Galgali has demanded action against Gaikwad for utilising the powers of the Governor.