Bengaluru, Aug 18 The Karnataka High Court on Tuesday quashed the suspension of Karnataka Public Service Commission (KPSC) Chairperson Shivashankarappa S Sahukar and directed the authorities to restore his position within seven days.
Justice Suraj Govindaraj held that the governor's decision to suspend Sahukar under Article 317(2) of the Constitution could not have been taken independently, without the prior aid and advice of the council of ministers.
The court made it clear that its ruling was confined to the constitutional procedure followed in suspending Sahukar and did not examine the allegations levelled against him.
The order came on a petition filed by Sahukar challenging his suspension as well as the governor's recommendation to the president to initiate a Supreme Court inquiry under Article 317(1) into the allegations against him.
The court said Sahukar would be entitled to resume his duties as KPSC chairperson and receive the financial benefits arising from the setting aside of the suspension. It directed that his reinstatement be carried out within seven days of the order being received.
However, the court barred Sahukar from participating in or influencing any decision relating to the proposed action against his daughters
The KPSC had been in turmoil following Governor Thaawarchand Gehlot suspending Sahukar on July 13, following allegations that he allegedly facilitated the illegal selection of his two daughters as Industrial Extension Officers.
Large scale irregularities were also alleged in the recruitment of veterinary doctors and the matter reached the High Court of Karnataka.
The high court had earlier intervened in the matter by staying the implementation of a KPSC resolution asking Sahukar to step down, along with communications sent to the chief secretary and the governor.
Following the governor's subsequent suspension order, Sahukar filed another petition before the high court.
The court also left open the possibility of fresh proceedings by the competent constitutional authorities, provided the prescribed constitutional procedure, including obtaining the council of ministers' prior advice, is followed.
