Karnataka HC quashes KPSC Chairman's suspension, orders reinstatement in 7 days
Synopsis
Key Takeaways
The Karnataka High Court on Tuesday, 18 August quashed the suspension order issued against Karnataka Public Service Commission (KPSC) Chairman Shivashankarappa S. Sahukar, declaring it legally untenable and directing authorities to reinstate him within seven days. The ruling delivers a significant setback to Governor Thaawarchand Gehlot, whose 10 July suspension order has now been struck down by the court.
What the Court Ruled
A bench headed by Justice Suraj Govindaraj, hearing Sahukar's petition challenging the suspension, held that the order was 'not legally sustainable.' The court found that the Cabinet had neither recommended nor suggested the suspension of the KPSC Chairman — a procedural requirement the Governor was bound to follow.
Accordingly, the bench declared the suspension order null and void and directed the reinstatement of Sahukar as KPSC Chairman within seven days. Notably, the court imposed a specific restriction: Sahukar must not take any decision concerning the appointments of his daughters.
The Constitutional Argument
Senior counsel Arun Shyam, appearing for Sahukar, argued that the suspension did not conform to legal requirements. Sahukar had contended that the Governor lacked the power to suspend the Chairperson of a State Public Service Commission unilaterally — that authority vests only after the President, acting on the Governor's recommendation, makes a reference to the Supreme Court under Article 317(1) of the Constitution for an inquiry against such a Chairperson. The High Court's ruling upheld this constitutional position.
ED Searches Amid Recruitment Irregularity Allegations
The court order arrives on the same day the Enforcement Directorate (ED) conducted search operations at 21 locations across Karnataka and Ahmedabad, in connection with alleged irregularities in the KPSC's recruitment of Veterinary Officers. The searches were carried out by the Bengaluru Zonal Office of the ED under Section 17 of the Prevention of Money Laundering Act (PMLA).
Premises searched reportedly include the KPSC office, Sahukar's residence, the residence of KPSC member Shanta Hosmani, offices of alleged middlemen, residences of candidates selected for Veterinary Officer posts, and the office of Edutest Solutions Pvt. Ltd. — the firm responsible for digital evaluation of examination papers.
Broader Context and What Comes Next
The KPSC has been under sustained scrutiny over alleged irregularities in its recruitment processes. This is not the first time a state constitutional body's appointment or removal has become the site of a Centre-state friction point in Karnataka, with the Governor's office and the elected government at odds. The reinstatement order, combined with the active ED investigation, means Sahukar returns to office under a cloud of ongoing legal proceedings — a politically and constitutionally charged situation that is unlikely to resolve quickly.
All eyes will now be on whether the state government or the Governor's office mounts a legal challenge to Tuesday's High Court order, and on the outcome of the ED's money laundering investigation into the Veterinary Officer recruitment process.