Governor can suspend PSC Member only after reference of matter by President to SC

The Constitution contemplates various scenarios in which a Governor can exercise his discretion dehors the aid and advice of the Council of Ministers, as for example, the powers under Article 174(2): dissolution of legislative assembly; Article 356: advising the President for proclamation of emergency; Article 167: calling for information from the Chief Minister etc, Article 317 is not one such case. In the light of the decision of the Supreme Court of India in Samsher Singh (supra), it i clear that the power under Article 317(2) is not one such power, which the Governor can exercise at his absolute discretion. In the instant case, admittedly the Governor had not received the aid and advice of the Council of Ministers prior to issuing an order of suspension on May 14, 2014.

Relevant Extract of the Judgment

2. The short point that arises for consideration in this writ appeal pertains to the power of the Hon’ble Governor to suspend a member of a State Public Service Commission under Article 317(2) of the Constitution of India.

3. The appellant, Dr.Mangala Sridhar, was appointed as a Member of the Karnataka Public Service Commission (hereinafter referred to as PSC’ in short) under Article 316(1) of the Constitution of India by an order issued by the Governor of Karnataka on November 24, 2012. There were various allegations and counter allegations pertaining to corruption, which led to an investigation by Criminal Investigation Department in short) and, also, the annulment of evaluations of the written examinations pertaining to certain Group-A and Group-B posts intended to be filled upon in accordance with the Karnataka Gazetted Probationers Appointment (Competitive Examination) Rules, 19’77. On August 14, 2014, the State Government ordered closure of the recruitment process, which was challenged before the Karnataka State Administrative Tribunal, ultimately leading to the order dated October 19, 2016 of the Karnataka_ State Administrative Tribunal discarding the investigation report of CID and quashing the Government Order of August 14, 2014.

4. In the meantime, on May 14, 2014, the Governor of Karnataka issued an order under Article 317(2) of the Constitution of India suspending the appellant from the membership of KPSC with immediate effect. It is this order of suspension that was challenged in the writ petition.

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