Court quashes Karnataka PSC chief’s suspension, cites lack of Cabinet OK

The Karnataka High Court overturned the suspension of Public Service Commission (KPSC) Chairman Shivashankarappa S Sahukar on Tuesday, citing the Governor's failure to obtain mandatory Cabinet approval before issuing the suspension order. Sahukar was suspended on July 10 over allegations of failing to recuse himself or declare a conflict of interest during his daughters' participation in the KPSC selection process.

He assumed the KPSC chairmanship in 2021. Justice Suraj Govindaraj stated that the suspension was set aside as no aid and advice from the council of ministers was sought prior to the impugned order. The court directed Sahukar to be reinstated as KPSC chairman within seven days upon receiving the order. The petitioner would be entitled to continue functioning as chairman and receive subsequent monetary benefits following the suspension quash.

Senior advocate Arun Shyam, representing Sahukar, argued that the governor's order was issued without the requisite Cabinet advice, which is mandatory under Article 317. The court also restrained Sahukar from making decisions or causing others to act regarding his daughters' case, allowing constitutional authorities to reassess the matter if advised by the council of ministers.

The Enforcement Directorate recently searched Sahukar's office and residence in connection with the allegations.