Karnataka HC quashes Governor’s order suspending KPSC chief, orders reinstatement

The Karnataka High Court on Tuesday quashed Governor Thaawarchand Gehlot's order suspending KPSC Chairman Shiva Shankarappa S Sahukar and directed the state government to reinstate him within seven days. Justice Suraj Govindaraj…

The Karnataka High Court on Tuesday quashed Governor Thaawarchand Gehlot's order suspending KPSC Chairman Shiva Shankarappa S Sahukar and directed the state government to reinstate him within seven days. Justice Suraj Govindaraj ruled the suspension could not stand because the Governor did not follow the constitutional process under Article 317 of the Constitution, which requires a reference to the Supreme Court and the President's prior action before a commission head can be suspended.

Sahukar was suspended in July over allegations he had facilitated the selection of his two daughters for government jobs under Category 3B reserved category. The allegations stated that the daughters obtained an income certificate showing the father's annual income as Rs 40,000, even though his salary was about Rs 2.71 lakh per month, to claim OBC benefits beyond the creamy layer.

The court made clear the judgment addressed only the constitutional validity of the suspension and made no finding on the truth of the allegations. It allowed fresh proceedings against Sahukar if initiated strictly with the prior aid and advice of the council of ministers. Sahukar will also receive all back service and monetary benefits, though the court restrained him from influencing any Commission decision involving his daughters.

Indian Opinion Analysis

Barandbench's coverage of the Karnataka High Court ruling is squarely neutral-report, providing a verbatim account of the court's reasoning without editorialising. The article leads with the court's order to reinstate Sahukar and focuses on the constitutional process flaw: the Governor failed to adhere to Article 317's two-stage mechanism requiring a Supreme Court reference and presidential action. There is no framing that appears to favour or criticise the government. The piece simply reports the court's finding that the suspension was procedurally invalid, lists the allegations against Sahukar dispassionately, and notes the rider that fresh action can only be taken with the council of ministers' advice. The practical takeaway: reinstatement within seven days is the concrete next step, but the underlying inquiry into the job-selection allegations remains open, the court stressed it made no finding on their truth.

Coverage: 1 source, 1 neutral


Source: barandbench.com (neutral report)

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