HC quashes suspension of KPSC member

Says Mangala Shridhar entitled to officiate with all emoluments; terms former Governor Bhardwaj’s order unconstitutional

BANGALORE, 22/11/2010: Mangala Sridhar taking charge as Chairperson of Karnataka Scheduled Tribes Development Corporation Limited, in Bangalore on November 22, 2010. Photo: K. Gopinathan

The High Court of Karnataka on Monday quashed the then Governor H.R. Bhardwaj’s order of suspending Mangala Shridhar from the post of member of Karnataka Public Service Commission (KPSC) following allegations of corruption in the process of recruitment to Gazetted Probationers’ posts, group A and B, of the 2011 batch.

The court also said that Ms. Shridhar is entitled to officiate as KPSC member with all emoluments and consequential benefits.

A Division Bench comprising Chief Justice Subro Kamal Mukherjee and Justice Budihal R.B. delivered the verdict while setting aside an order passed on September 23, 2014 by a single Bench, which had upheld the suspension order.

Ms. Shridhar was appointed KPSC member on November 11, 2012. On May 14, 2012 she was suspended by the Governor, who also sent a request to the President of India for her removal from the post.

While declaring that the Governor’s order of suspension was “unconstitutional”, the court pointed out that the Supreme Court has already made clear that the Governor has no power to suspend a member of the State Public Service Commission under the Article 317(2) of the Constitution prior to reference being made by the President of India to the Supreme Court as per the Article 317(1).

The court said that the Governors, while exercising powers under the Article 317(2) of the Constitution, are “bound by the aid and advice of the council of Ministers.”

In Ms. Shridhar’s case, there was “no” aid and advice by the council of Ministers prior to the Governor issuing order for suspension, and the President of India, till date, has not made any reference to the Supreme Court on her removal while acting on Governor’s request, the court observed.

While agreeing with the single Bench’s observation that credibility of an institution like SPSC ought to be preserved and principles of public accountability and transparency are sine qua non for the effective governance of that institution, the Division Bench said “…it is equally, if not more important, that the powers being exercised by the Governor be exercised in complete consonance with the Constitution and in consonance with the law declared by the Supreme Court.”