Karnataka HC quashes KPSC chairman's suspension, orders 7-day reinstatement
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 and directed authorities to reinstate him within seven days. The ruling came as a significant constitutional rebuke of Governor Thaawarchand Gehlot's unilateral action taken on 10 July.
What the Court Ruled
A bench headed by Justice Suraj Govindaraj held that the suspension order was not legally sustainable, observing that the Cabinet had neither recommended nor suggested suspending the KPSC chairman. The court declared the order null and void, affirming that the Governor is bound to act in accordance with the Cabinet's decision in such matters.
While ordering reinstatement, the court imposed a specific restriction: Sahukar must not take any decision concerning the appointments of his daughters — a condition that underscores the conflict-of-interest concerns at the heart of the controversy.
The Constitutional Argument
Senior counsel Arun Shyam, appearing for Sahukar, argued that the suspension did not comply with legal requirements under the Constitution. Sahukar's petition contended that the Governor has no authority to suspend the chairperson of a State Public Service Commission independently. Under Article 317(1) of the Constitution, such action requires the President of India — acting on the Governor's recommendation — to make a reference to the Supreme Court for an inquiry. The High Court found this argument persuasive.
ED Raids Amid Recruitment Irregularity Allegations
The court order arrives against a backdrop of serious allegations surrounding the KPSC's recruitment process. The Enforcement Directorate (ED) conducted search operations on Tuesday at 21 locations across Karnataka and Ahmedabad under Section 17 of the Prevention of Money Laundering Act (PMLA).
The premises searched include the KPSC office, Sahukar's residence, the residence of KPSC member Shanta Hosmani, alleged mediators, candidates selected for Veterinary Officer posts, and the office of Edutest Solutions Pvt. Ltd. — the firm reportedly responsible for digital evaluation of examination papers. The ED searches relate to alleged irregularities in the recruitment of Veterinary Officers.
What This Means Going Forward
The ruling draws a clear constitutional line between gubernatorial discretion and Cabinet authority in matters of public service commissions — a distinction that has broader implications for Governor-Cabinet relations in opposition-ruled states. Sahukar's reinstatement is now mandated within seven days, though the ED investigation into recruitment irregularities continues independently. The conflict-of-interest restriction imposed by the court signals that judicial oversight of his functioning is far from over.