Karnataka High Court Questions Governor's Authority to Suspend KPSC Chief Without Presidential Approval

Shivashankarappa S Sahukar, the suspended chairman of the Karnataka Public Service Commission (KPSC), approached the Karnataka High Court on Tuesday challenging his suspension by Governor Thawarchand Gehlot. The suspension followed allegations that he facilitated the unlawful selection of his two daughters for government jobs and failed to disclose a conflict of interest.

Senior advocate Arun Shyam, appearing for Sahukar, argued that under Article 317 of the Constitution, a member of a Public Service Commission can only be removed by the President of India following an inquiry ordered by the Supreme Court. He contended that the governor lacked the authority to suspend the chairman before such a reference was made.

Justice Suraj Govindaraj queried whether the President had made a reference to the Supreme Court as mandated. When senior advocate Uday Holla, representing the governor, submitted that the governor had requested the President to make such a reference, the court asked: 'Until the reference is made, can you suspend?' The court emphasized that it was only examining whether the power was exercised in a proper manner, not the merits of the allegations.

The court posted the matter for further hearing on Wednesday and directed all parties to submit relevant judgments. Additional Advocate General Reuben Jacob informed the court that no precipitative action would be taken against Sahukar pending the hearing.

The governor's office had issued a statement on July 10 detailing the allegations. According to the statement, Sahukar's daughters applied for the post of industrial extension officer under the OBC quota with income certificates declaring an annual family income of Rs 40,000, despite his position and likely higher income. A 2002 government order bars the children of the KPSC chairman from claiming reservation under the backward classes quota. The governor concluded that Sahukar's failure to recuse himself or declare a conflict of interest constituted misbehaviour.

The governor has recommended to the President a reference to the Supreme Court for an inquiry under Article 317. In the meantime, the governor suspended Sahukar to ensure a fair investigation. Separately, Sahukar's daughter Suma has been booked by police for allegedly using a fake income certificate.