Karnataka High Court sets aside suspension of KPSC Chairperson Shivashankarappa S. Sahukar by Governor

The High Court of Karnataka overturned the Governor's decision to suspend Shivashankarappa S. Sahukar, the chairperson of the Karnataka Public Service Commission (KPSC), following allegations of wrongdoing. The court ruled that the suspension was unlawful, as the Governor had taken action without consulting the State Cabinet. Justice Suraj Govindaraj delivered the ruling on August 18, granting partial relief to Mr. Sahukar who had challenged the Governor's suspension in a petition.

Mr. Sahukar argued that the Governor lacked the authority to suspend him until the President of India, upon recommendation from the Governor, referred his complaints to the Supreme Court for an inquiry under Article 317(1) of the Constitution. The court acknowledged this argument and cited a previous Supreme Court judgment, which supported the suspension of a Maharashtra Public Service Commission member before initiating an inquiry by the President.

In Mr. Sahukar's case, the court emphasized that the Governor could not have acted independently, as there was no advice from the State Cabinet to support the suspension. The Governor claimed that Mr. Sahukar had facilitated the selection of his two daughters for the Industrial Extension Officer position in an unlawful manner and failed to recuse himself or declare a conflict of interest when his dependents participated in the KPSC selection process.

The Governor noted that one of Mr. Sahukar's daughters fabricated income and caste declarations, knowing her father's role as Chairperson of the KPSC. The court instructed Mr. Sahukar to refrain from participating in any decision-making related to the selection of his daughters.