Case Note & Summary
The appellant, Dr. Mangala Sridhar, was appointed as a Member of the Karnataka Public Service Commission. She was suspended by the Governor of Karnataka under Article 317(2) of the Constitution of India pending an inquiry into allegations of misbehaviour. She challenged the suspension order by filing a writ petition before the High Court of Karnataka, which was dismissed by a Single Judge. Aggrieved, she filed the present writ appeal. The core legal issue was whether the Governor has the power to suspend a member of the State Public Service Commission under Article 317(2) without prior consultation with the Commission or the President. The appellant argued that the power to suspend is quasi-judicial and requires consultation, while the respondents contended that the power is administrative and independent. The Division Bench of the High Court, after hearing arguments, held that the Governor's power under Article 317(2) is independent and does not require prior consultation. The court reasoned that the power to suspend is incidental to the power to remove and is intended to maintain the integrity of the Commission pending inquiry. The court dismissed the appeal, upholding the suspension order.
Headnote
A) Constitutional Law - Suspension of Member of State Public Service Commission - Article 317(2) of the Constitution of India - Governor's Power - The Governor has the power to suspend a member of the State Public Service Commission pending inquiry into misbehaviour under Article 317(2) of the Constitution of India. The power is independent and does not require prior consultation with the Commission or the President. The suspension order is administrative in nature and not quasi-judicial. The court held that the Governor's order suspending the appellant was valid and within the constitutional framework. (Paras 2-10) B) Service Law - Suspension Pending Inquiry - Article 317(2) of the Constitution of India - Validity - The suspension of a member of the Karnataka Public Service Commission under Article 317(2) is valid even if the inquiry has not yet commenced, as the power to suspend is incidental to the power to remove. The court held that the suspension is a preventive measure to ensure the integrity of the Commission pending inquiry. (Paras 5-8)
Issue of Consideration
Whether the Governor has the power to suspend a member of the Karnataka Public Service Commission under Article 317(2) of the Constitution of India without prior consultation with the Commission or the President, and whether such suspension is valid pending an inquiry into alleged misbehaviour.
Final Decision
The writ appeal is dismissed. The judgment and order of the Single Judge dated September 23, 2014 in W.P.No.22801 of 2014 is upheld. The suspension order of the Governor is valid.
Law Points
- Governor's power to suspend a member of State Public Service Commission under Article 317(2) of the Constitution of India is independent and does not require prior consultation with the Commission or the President
- suspension can be ordered pending inquiry into misbehaviour
- the power is not quasi-judicial but administrative in nature.
