The High Court of Karnataka on Tuesday adjourned till July 15 further hearing on a petition by Shivashankarappa S. Sahukar challenging the legality of the Governor’s order of suspending him as chairperson of the Karnataka Public Service Commission (KPSC) on allegation of misbehaviour.
Justice Suraj Govindaraj adjourned further hearing till Wednesday to ascertain the legal interpretation of the Governor’s power under Article 317(2) of the Constitution to suspend the chairperson or a member of a State Public Service Commission (SPSC) pending enquiry into the allegations.
While appearing for Mr. Sahukar, senior advocate Aruna Shyam M. contended that the Governor had no power to suspend the chairman/member till the President, acting on the Governor’s recommendation, makes reference to the Supreme Court under Article 317(1) of the Constitution for holding an enquiry against the chairperson/member of a SPSC.
Mr. Shyam cited a 2017 judgment of the High Court, which had set aside the then Governor Hansraj Bhardhawaj’s action of suspending Mangala Sridhar, then member of KPSC on the allegation of corruption, before the President referred the Governor’s recommendation for enquiry to the Supreme Court.
However, senior advocate Uday Holla, appearing for Mr. Gehlot, and Additional Advocate General Ruben Jacob, contended that the apex court, in its 2007 judgment in the case related to misbehaviour by a member of the Maharashtra Public Service Commission, had found no fault in the action of the then Maharashtra Governor in suspending the member.
The court adjourned further hearing till Wednesday afternoon as the advocates for the petitioner and the Governor sought time to study the apex court’s judgments on Governor’s power to suspend chairperson/member of SPSC.
The allegations
According to the communication issued by the Governor’s Secretariat on Monday, the Lok Bhavan received complaints that the KPSC chairperson facilitated the illegal selection of his two daughters as Industrial Extension Officers. It alleged that he failed to recuse himself or formally declare a conflict of interest while his direct dependents participated in the KPSC recruitment process.
The communication, signed by Special Secretary to the Governor, further stated that one daughter of Mr. Sahukar obtained an income and caste certificate declaring the family’s annual income as ₹40,000 and claimed OBC reservation and creamy layer exemption despite the family’s income allegedly exceeding the prescribed limit.
The children of a Public Service Commission chairperson are not eligible for backward classes reservation, the communication has stated citing the State government’s March 30, 2002 order. The alleged suppression of material facts, supported by the chairperson’s income and property returns and other records, amounted to misbehaviour warranting action under the Constitution, the Secretariat stated.
