‘Not legally sustainable’: Karnataka HC quashes KPSC Chairman’s suspension, orders reinstatement
Bengaluru: In a major development, the Karnataka High Court on Tuesday quashed the suspension order issued to Karnataka Public Service Commission (KPSC) Chairman Shivashankarappa S. Sahukar and directed the authorities to reinstate him within seven days.
The order was passed by a bench headed by Justice Suraj Govindaraj while hearing a petition challenging the suspension issued by Governor Thaawarchand Gehlot on July 10.
The High Court held that the suspension order was not legally sustainable, observing that the Cabinet had neither recommended nor suggested the suspension of the KPSC Chairman.
Stressing that the Governor was required to act in accordance with the decision of the Cabinet, it consequently declared the suspension order null and void.
The court directed the authorities to reinstate Sahukar as KPSC Chairman within seven days.
However, the court imposed a restriction on Sahukar, stating that he should not take any decision concerning the appointments of his daughters.
Senior counsel Arun Shyam, appearing for Sahukar, had argued that the suspension was not in accordance with the legal requirements.
Sahukar had approached the High Court challenging the Governor’s suspension order and seeking relief against the action taken against him. He contended that the Governor had no power to suspend the Chairperson of the State Public Service Commission till the President, acting on the Governor’s recommendation, makes a reference to the Supreme Court under Article 317 (1) of the Constitution for holding an enquiry against the Chairperson of a State Public Service Commission concerned.
The development comes amid allegations of irregularities surrounding the KPSC recruitment process. The Enforcement Directorate is also conducting searches in connection with alleged irregularities in the recruitment of Veterinary Officers.
The ED on Tuesday conducted search operations at 21 locations across Karnataka and Ahmedabad, in connection with alleged irregularities in the KPSC recruitment of Veterinary Officers.
The Bengaluru Zonal Office of the ED carried out the searches under Section 17 of the Prevention of Money Laundering Act (PMLA).
The premises searched include the KPSC office, the residence of suspended KPSC Chairman Sahukar, KPSC member Shanta Hosmani, alleged middlemen, candidates selected for the Veterinary Officer posts and the office premises of Edutest Solutions Pvt. Ltd., which was responsible for the digital evaluation of examination papers.