Karnataka High Court: Can governor suspend KPSC chief before presidential reference?

Shivashankarappa S Sahukar approached the Karnataka High Court on Tuesday challenging his suspension as chairman of the Karnataka Public Service Commission by Governor Thawarchand Gehlot. The suspension followed allegations that he facilitated the unlawful selection of his two daughters for government jobs and failed to disclose a conflict of interest.

Sahukar was suspended over his failure “to recuse himself or formally declare a conflict of interest while his dependents participated in the KPSC selection process”, according to a July 10 statement from Lok Bhavan.

Senior advocate Arun Shyam, appearing for Sahukar, referred to Article 371 (1) (2) of the Constitution and contended that he can be removed only by the President of India following an inquiry.

Justice Suraj Govindaraj queried whether the President had made a reference to the Supreme Court to order an inquiry as mandated under Article 371, which deals with the removal and suspension of members of a Public Service Commission.

Senior advocate Uday Holla, appearing for the governor, submitted that he had requested the President to make a reference to the Supreme Court.

The court then said, “Until the reference is made, can you suspend?”

“We need to be clear on this because [we are] dealing with the power under the Constitution under Article 317,” the court added.

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The court made it clear that it was only considering whether the power was exercised in the proper manner. “We are not looking at your allegations, whether right or wrong. That is for the Supreme Court to appoint an inquiry and look into it. The only reason we can interfere in the suspension order is on the ground of lack of jurisdiction,” Justice Govindaraj said.

The court posted the matter for further hearing on Wednesday and directed all parties to place all relevant judgments before it.

Additional Advocate General Reuben Jacob informed the court that no precipitative action will be taken against the suspended KPSC chairman.

Findings in Lok Bhavan statement

The Lok Bhavan statement further said that according to complaints received by the governor, Sahukar facilitated the illegal selection of his daughters to the posts of industrial extension officer. One of his daughters allegedly obtained the income and caste certificate by declaring an annual family income of Rs 40,000.

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Sahukar’s daughter claimed OBC reservation and creamy-layer exemption by suppressing facts and using manipulated lower-income declarations despite having more income than the prescribed limit and knowing that her father headed the KPSC, the statement said.

As per a 2002 government order, the KPSC chairman’s children are not eligible to claim reservation under the backward classes quota, the statement noted. “In spite of this restriction, the Chairman and his daughters have suppressed the vital information to get undue benefit, which is an act impossible without administrative oversight or deliberate blindness by the head of the Commission,” the statement read.

The governor’s office noted that the income and property returns submitted by Sahukar, along with other facts, point to the KPSC chairman with some certainty, holding that this constituted misbehaviour.

“Hence, the Hon’ble Governor has recommended to the President of India to make reference to the Supreme Court of India under Article 371(1)of the Constitution of India for necessary inquiry into the allegations made” against the KPSC chairman.

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The governor suspended the chairman to ensure a fair, impartial, and uninfluenced investigation, the statement added.

Also on July 10, the police booked Sahukar’s daughter Suma S Sahukar, who had applied for the junior engineer post in the Department of Commerce and Industries, based on a complaint filed by the KPSC assistant secretary.

Sahukar was appointed chairman of the KPSC in 2021.