The High Court of Karnataka set aside the Governor’s order suspending Shivashankarappa S. Sahukar from the post of chairperson of the Karnataka Public Service Commission (KPSC) following allegations of wrong-doing, and ordered his reinstatement.

The court held that the suspension was bad in law as the Governor had acted without the aid and advise of the State Cabinet.

Justice Suraj Govindaraj passed the order on August 18 while partly allowing the petition filed by Mr. Sahukar challenging the Governor’s order suspending him from the post while recommending the President of India to refer the complaints against him to the Supreme Court.

Mr. Sahukar contended that the Governor had no power to suspend the chairperson/member of the State Public Service Commission till the President of India, acting on the Governor’s recommendation, makes a reference to the Supreme Court under Article 317(1) of the Constitution for holding an enquiry against the chairperson/member of a SPSC.

The court accepted this contention while citing a judgment of the apex court, which had upheld suspension of a member of the Maharashtra Public Service Commission before making a reference for enquiry to the Supreme Court by the President.

In Mr. Sahukar’s case, the court said that the Governor could not have acted independently while pointing out that there was no advise from the State Cabinet for suspension of the KPSC chairperson.

The Governor had suspended Mr. Sahukar following complaints that he had facilitated selection of his two daughters to the posts of Industrial Extension Officer in an unlawful manner through the KPSC.

It was stated by the Governor that Mr. Sahukar failed to recuse himself or formally declare a conflict of interest while his direct dependants participated in the KPSC selection process.

The Governor noted that one of the daughters of Mr. Sahukar obtained an income and caste certificate by declaring that the family income was ₹40,000/- per annum, which amounted to deliberate suppression of facts, and using manipulated lower-income declarations in spite of having income more than the prescribed limit, and knowing that her father is working as Chairperson of the KPSC.

The court directed Mr. Sahukar not to participate in any of the decision-making processes related to issues of selection of his daughters.

Published - August 18, 2026 03:43 pm IST