Journalism of Courage
Court quashes Karnataka PSC chief’s suspension, cites lack of Cabinet OK
Governor Thaawarchand Gehlot suspended Shivashankarappa S Sahukar following allegations that he facilitated the unlawful selection of his daughters for government jobs and failed to disclose a conflict of interest.
Shivashankarappa S Sahukar was suspended as the Karnataka Public Service Commission chairman on July 10. (AI image)
The Karnataka High Court quashed the suspension of Karnataka Public Service Commission (KPSC) Chairman Shivashankarappa S Sahukar on Tuesday because Governor Thaawarchand Gehlot had not received mandatory government advice before issuing the suspension order.
Sahukar was suspended on July 10 allegedly over his failure to recuse himself or declare a conflict of interest while his daughters participated in the KPSC selection process, a statement Lok Bhavan issued then said. He was appointed chairman of the KPSC in 2021.
A bench of Justice Suraj Govindaraj said, “We have set aside the suspension because no aid and advice from the council of ministers was taken before passing the impugned order.”
“He is directed to be reinstated as Chairman of KPSC within 7 days on receipt of the order. The petitioner, on reinstatement, is entitled to function as Chairman of KPSC and is entitled to consequent monetary benefits flowing from quashing the order of suspension,” it added.
Senior advocate Arun Shyam, appearing for Sahukar, referred to Article 317 (1) (2) of the Constitution and contended that he can be removed only by the President of India following an inquiry to be conducted by the Supreme Court. He further contended that the governor’s order was issued without the government’s aid and advice, which is mandatory as per Article 317.
Shyam argued that when the governor passed the order, he had not received any Cabinet advice, but the government approved the order on July 18 as an afterthought.
“The ex post facto approval by the council of ministers does not amount to aid and advice as mandated under the law,” he said.
No action in matter related to his daughters
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The court, however, restrained Sahukar from taking any decision, acting, or causing anyone to act in any particular manner regarding action proposed to be taken against his daughters.
“It will be open for competent constitutional authorities to proceed afresh if so advised in the Constitution and the law declared in this judgment—that is on the prior aid and advice of the council of ministers—that an order of suspension under Article 317 (2) of the Constitution can be made.”
According to complaints received by the governor, Sahukar facilitated the illegal selection of his daughters as industrial extension officers. They allegedly obtained income and OBC certificates by declaring an annual family income of Rs 40,000 per annum. She also allegedly claimed creamy-layer exemption by suppressing facts and using manipulated lower-income declarations. While the KPSC chairman’s annual income is around 25 lakh, OBC reservation is unavailable to people with a family income of more than Rs 8 lakh annually.
On Tuesday, the Enforcement Directorate searched Sahukar’s office and home.
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