Bengaluru: In a relief to Shivashankarappa S Sahukar, the high court Tuesday set aside the governor’s July order suspending him as chairperson of the Karnataka Public Service Commission (KPSC).Partly allowing Sahukar’s petition, Justice Suraj Govindaraj held that the suspension order was unsustainable as the governor had not sought the aid and advice of the Council of Ministers before passing it.The judge directed that Sahukar be reinstated as KPSC chairperson within seven days of receipt of the order. Upon reinstatement, he will be entitled to function as chairperson and receive all consequential monetary benefits arising from the quashing of his suspension.At the same time, the court restrained Sahukar from taking any decision, acting, or directing anyone to act in any manner in connection with the proposed action against his daughter.“It will be open to the competent constitutional authorities to proceed afresh, if so advised, in accordance with the Constitution and the law declared in this judgment, that is, on the prior aid and advice of the Council of Ministers, before passing an order of suspension under Article 317(2) of the Constitution,” Justice Govindaraj observed.The judge clarified that the court had not examined the truth or otherwise of the allegations against the petitioner, but had confined its decision to the requirement under Article 317(2) of the Constitution.Sahukar had challenged both his suspension and the governor’s recommendation to the President to make a reference to the Supreme Court under Article 317(1) of the Constitution for an inquiry into the allegations against him.Sahukar argued that the governor’s action violated Article 317 of the Constitution, as no inquiry had been held and no reference had been received from the president, as required under the provision. He also challenged a June 19 resolution passed by KPSC members and subsequent reports sent to the chief secretary and governor based on it.The resolution sought Sahukar’s resignation over alleged nepotism in his daughter’s recruitment. A report based on it was sent to the chief secretary on July 6 and to the governor on July 7.Challenging the resolution and the reports, Sahukar contended that KPSC members lacked the jurisdiction to introduce an agenda seeking the chairperson’s resignation. He alleged that the resolution was passed behind his back out of spite and was stigmatic in nature.
