Karnataka HC sets aside Governor's suspension of KPSC chairperson, orders reinstatement

The High Court of Karnataka has set aside the suspension of Shivashankarappa S. Sahukar from the post of chairperson of the Karnataka Public Service Commission (KPSC) and ordered his reinstatement. The court held that the Governor's action was unlawful as it was taken without the aid and advice of the State Cabinet.

Justice Suraj Govindaraj delivered the order on August 18 while partly allowing the petition filed by Mr. Sahukar challenging the Governor's order. The court did not interfere with the recommendation to the President of India to refer the complaints against Mr. Sahukar to the Supreme Court for an inquiry under Article 317(1) of the Constitution.

Mr. Sahukar had contended that the Governor had no power to suspend a chairperson or member of a State Public Service Commission until the President, acting on a recommendation, makes a reference to the Supreme Court for holding an inquiry. The court accepted this submission, citing a judgment of the Supreme Court that had upheld the suspension of a member of the Maharashtra Public Service Commission before such a reference was made.

However, the court distinguished the present case, noting that the Karnataka Governor had acted independently and did not receive any advice from the State Cabinet. This lack of constitutional backing rendered the suspension order invalid in law.

The suspension followed complaints that Mr. Sahukar had facilitated the selection of his two daughters to the posts of Industrial Extension Officer in an unlawful manner through the KPSC. It was alleged that he failed to recuse himself or formally declare a conflict of interest while his direct dependants participated in the selection process.

The Governor had also noted that one of his daughters obtained an income and caste certificate by declaring the family income as ₹40,000 per annum, which amounted to deliberate suppression of facts. This was despite the family income being above the prescribed limit and in the knowledge that her father was serving as the KPSC Chairperson.

The court directed Mr. Sahukar not to participate in any decision-making processes related to the selection of his daughters. With the suspension set aside, he is expected to resume his duties, while the President's consideration of the Governor's recommendation for a Supreme Court inquiry remains pending.

The ruling underscores the constitutional safeguards protecting members of public service commissions from arbitrary executive action, while also reiterating that disciplinary inquiries into allegations of misconduct can proceed through the proper channel.