Karnataka Governor Recommends Supreme Court Inquiry Against KPSC Chairman; Orders Suspension Pending Presidential Decision
Bengaluru, July 13: Karnataka Governor Thaawarchand Gehlot has recommended a Supreme Court inquiry into allegations against Karnataka Public Service Commission (KPSC) Chairman Shivashankarappa S. Sahukar and has ordered his suspension pending further orders from the President of India.
According to a press release issued by the Karnataka Governor Secretariat, complaints were received seeking action against Sahukar for allegedly facilitating the illegal selection of his two daughters to the posts of Industrial Extension Officer.
Alleged Conflict of Interest
The Governor Secretariat stated that preliminary examination of the available records indicated that the KPSC Chairman did not recuse himself or formally declare a conflict of interest while his direct dependants participated in the KPSC recruitment process.
The release further alleged that one of Sahukar’s daughters had obtained an income and caste certificate by declaring the family’s annual income as ₹40,000, and subsequently claimed OBC reservation and Creamy Layer exemption.
According to the Governor Secretariat, the available records suggest that the reservation claim was allegedly made despite the family’s income being above the prescribed limit and despite her father serving as Chairman of the Karnataka Public Service Commission.
Reference to Government Order
The press release also referred to Government Order No. SWD 225 BCA 2000 dated March 30, 2002, stating that children of the Chairman of a Public Service Commission are not eligible to claim reservation under the Backward Classes quota in Karnataka.
Despite this restriction, the release alleged that vital information was suppressed to obtain undue benefit.
It further stated that the income and property returns submitted by the Chairman, along with other official records examined, prima facie point towards misconduct in the circumstances of the case.
Governor Recommends Supreme Court Inquiry
Invoking Article 317(1) of the Constitution of India, the Governor has recommended to the President of India that the matter be referred to the Supreme Court of India for an inquiry into the allegations against the KPSC Chairman.
Under Article 317(1), the President may refer allegations against the Chairman or Members of a State Public Service Commission to the Supreme Court for an inquiry before any removal from office.
Chairman Suspended Pending Inquiry
The Governor stated that, to ensure a fair, impartial and uninfluenced investigation, while protecting the integrity and credibility of the Karnataka Public Service Commission, Shivashankarappa S. Sahukar has been placed under suspension until further orders from the Office of the President of India.
The order further states that the next senior-most member of the Karnataka Public Service Commission has been directed to function as the Acting Chairman until further orders.
Background
The latest development comes days after a legal dispute over resolutions passed within the Karnataka Public Service Commission. Earlier, the Karnataka High Court had stayed certain resolutions and communications relating to the functioning of the Commission. The Governor’s latest order, however, pertains to complaints alleging irregularities in recruitment and reservation claims involving the KPSC Chairman’s daughters, and seeks an independent constitutional inquiry through the Supreme Court.
Response Awaited: The KPSC Chairman’s response to the allegations was not available at the time of publishing this report. The matter is now expected to proceed in accordance with the constitutional process under Article 317(1) of the Constitution of India.
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