Karnataka HC Quashes Suspension of KPSC Chairperson Shivashankarappa Sahukar

The Karnataka High Court on Tuesday quashed the suspension of Karnataka Public Service Commission (KPSC) Chairperson Shivashankarappa S Sahukar and directed the authorities to restore him to his position within seven days.

Justice Suraj Govindaraj held that the Governor’s decision to suspend Sahukar under Article 317(2) of the Constitution could not have been taken independently and required the prior aid and advice of the Council of Ministers.

The court clarified that its ruling was limited to the constitutional procedure followed for the suspension and did not examine the allegations against Sahukar.

The order came on a petition filed by Sahukar challenging his suspension and the Governor’s recommendation to the President to initiate a Supreme Court inquiry under Article 317(1) into the allegations against him.

The court said Sahukar would be entitled to resume his duties as KPSC chairperson and receive the financial benefits arising from the setting aside of his suspension. It directed that his reinstatement be completed within seven days of the order being received.

However, the court barred Sahukar from participating in or influencing any decision relating to the proposed action against his daughters.

The KPSC has been embroiled in controversy since Governor Thaawarchand Gehlot suspended Sahukar on July 13 following allegations that he facilitated the illegal selection of his two daughters as Industrial Extension Officers.

Large-scale irregularities were also alleged in the recruitment of veterinary doctors, with the matter subsequently reaching the Karnataka High Court.

The High Court had earlier intervened by staying the implementation of a KPSC resolution asking Sahukar to step down, along with communications sent to the Chief Secretary and the Governor.

Following the Governor’s subsequent suspension order, Sahukar filed another petition before the High Court.

The court also left open the possibility of fresh proceedings by the competent constitutional authorities, provided the prescribed constitutional procedure, including obtaining the prior advice of the Council of Ministers, is followed.