2 weeks ago
Karnataka High Court Quashes KPSC Chief’s Suspension, Orders Reinstatement
The Karnataka Public Service Commission helps select people for some government jobs.
Its chairman, Shivashankarappa Sahukar, was suspended by the Governor on July 10.
The suspension followed allegations involving his daughters and the KPSC selection process.
A court said the Governor needed advice from the state ministers before suspending him.
The court found that this advice had not been obtained.
It therefore cancelled the suspension and ordered Sahukar’s return within seven days.
However, he cannot make decisions about appointments involving his daughters.
The court did not decide whether the allegations against him were true.
Investigators are separately examining alleged problems in the selection of Veterinary Officers.
The Karnataka High Court quashed Governor Thaawarchand Gehlot’s July 10 suspension of KPSC Chairman Shivashankarappa S Sahukar.
The court said the Governor acted without the required aid and advice or recommendation of the Cabinet.
Authorities were directed to reinstate Sahukar as KPSC chairman within seven days.
The court said Sahukar must not make decisions concerning appointments involving his daughters.
The Enforcement Directorate searched 21 locations over alleged irregularities in KPSC Veterinary Officer recruitment.
- Who
- The Karnataka High Court, KPSC Chairman Shivashankarappa S Sahukar, and Governor Thaawarchand Gehlot.
- What
- The High Court cancelled Sahukar’s suspension and ordered his reinstatement within seven days.
- Where
- Bengaluru, Karnataka.
- When
- The ruling was issued Tuesday; the suspension order was issued on July 10.
- Why
- The court found that the Governor issued the suspension without the required aid and advice or recommendation of the state Cabinet.
Procedural Legality
Integrity Concerns
Validity of the suspension
Procedural Legality
Sahukar’s lawyers argued that the suspension was legally invalid because the Governor acted without the Cabinet’s prior advice or recommendation. They also argued that a later Cabinet approval could not cure the procedural defect.
Integrity Concerns
The suspension followed complaints and allegations that Sahukar failed to recuse himself or disclose a conflict of interest while his daughters participated in the KPSC selection process.
Scope of the ruling
Procedural Legality
The court set aside the suspension and ordered Sahukar’s reinstatement because of the procedure used to issue it.
Integrity Concerns
The court clarified that its order did not decide whether the allegations against Sahukar were true, leaving them and related criminal proceedings open for examination.
Recruitment investigation
Procedural Legality
The court’s ruling addresses the legality of the suspension, not the separate investigation into recruitment.
Integrity Concerns
The Enforcement Directorate searched 21 locations, including KPSC-related premises, over alleged irregularities in Veterinary Officer recruitment.
Key facts
- Court
- Karnataka High Court
- Judge
- Justice Suraj Govindaraj
- KPSC chairman
- Shivashankarappa S Sahukar
- Suspension date
- July 10
- Reinstatement deadline
- Within seven days
- Court restriction
- Sahukar cannot decide matters concerning appointments involving his daughters
- ED searches
- 21 locations across Karnataka and Ahmedabad
- Related allegation
- Irregularities in KPSC recruitment of Veterinary Officers
Quotes
Justice Suraj Govindaraj
Karnataka High Court Justice
“We have set aside the suspension because no aid and advice from the council of ministers was taken before passing the impugned order.”
indianexpress.com
“The governor had acted without a recommendation or advice from the state Cabinet while suspending the KPSC chairman”
thehansindia.com









