Bengaluru: The High Court 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.
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.
The Division Bench said that Mangala Shridhar is entitled to officiate as KPSC member with all emoluments and consequential benefits.
She 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 as 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).