Case Note & Summary
The writ petition arose from an order of suspension passed by the Hon'ble Governor of Karnataka against the Chairman of the Karnataka Public Service Commission (KPSC). The petitioner, who served as Chairman of the KPSC since 03.04.2021, challenged the Governor's order dated 10.07.2026, which suspended him from the office of Chairman under Article 317(2) of the Constitution of India. The petition was filed under Articles 226 and 227 of the Constitution seeking a writ of certiorari to quash the suspension order and all further proceedings. The State of Karnataka was subsequently added as a respondent by amendment on 17.07.2026. The background involved a meeting of the KPSC held on 19.06.2026. The petitioner had recused himself from agenda item No.4 because it concerned his daughter's application for the post of Group-C Industrial Extension Officer. The Commission, chaired by the senior-most member, resolved to reject the daughter's 3B certificate under backward classes and permanently debarred her from taking KPSC examinations. An additional agenda item was introduced by members with the permission of the Chairman, resolving to call upon the petitioner to resign from the post of Chairman. The petitioner, under Section 7 of the Karnataka Public Service Commission (Conduct of Business and Additional Functions) Act, 1959, partially accepted the resolution by accepting agenda Nos.1 to 13 with changes to agenda No.4, but rejected the additional agenda item and directed the Secretary to place it before the Commission for reconsideration. Despite this, the Secretary of KPSC forwarded a report of the proceedings to the Chief Secretary and the Governor on 06.07.2026 and 07.07.2026. The petitioner filed Writ Petition No.20949/2026 challenging the resolution and the forwardal of the report. On 10.07.2026, the High Court stayed the operation of the resolution dated 19.06.2026 and the communications dated 06.07.2026 and 07.07.2026 on the ground that the members could not call upon the appointee of the Governor to resign. The same day, the Governor passed the impugned suspension order, noting that he had already recommended to the President of India to make a reference to the Supreme Court under Article 317(1) for enquiry into allegations of misconduct against the petitioner vide letter dated 09.07.2026. The Governor suspended the petitioner under the spirit of Article 317(2) pending the President's decision and directed the next senior most member to act as Chairman. The petitioner's senior counsel contended that under Article 317(2), the Governor's power to suspend a State Public Service Commission member arises only after a reference has been made by the President to the Supreme Court under Article 317(1). Since only a recommendation had been made, not a reference, the condition precedent had not been satisfied. It was also argued that the suspension violated natural justice as no show-cause notice or hearing was afforded. Further, the petitioner argued that the Governor acted without the aid and advice of the Council of Ministers as required by Article 163, and any ex post facto approval could not cure this defect. The petitioner also claimed that the Governor relied on newspaper reports and complaints without any inquiry or prima facie finding, and that the reports forwarded by the Secretary could not be considered after the interim stay order. The extracted text records only the petitioner's submissions and the four questions framed by the senior counsel. The matter was heard and reserved for orders on 27.07.2026, and the order was pronounced on 18.08.2026. The final operative decision and reasoning of the court are not included in the provided text.
Headnote
A) Constitutional Law - Public Service Commission Removal and Suspension - Article 317(2) Constitution of India - Suspension of State Public Service Commission Chairman by Governor is preconditioned on a reference having been made to the Supreme Court under Article 317(1); a mere recommendation by the Governor to the President does not satisfy the condition precedent - Petitioner contended the suspension order dated 10.07.2026 was without jurisdiction because no reference had been made by the President to the Supreme Court, only a recommendation was forwarded on 09.07.2026 (Paras 3.9-3.15). No final holding available in extracted text. B) Constitutional Law - Aid and Advice of Council of Ministers - Article 163 Constitution of India - Governor's executive action must conform to aid and advice of Council of Ministers; ex post facto ratification cannot substitute for prior aid and advice - Petitioner raised whether suspension without prior aid and advice or with subsequent ratification is valid (Paras 3.19). No final holding available in extracted text. C) Administrative Law - Natural Justice - Suspension order without prior show cause notice or hearing alleged to violate principles of natural justice - Petitioner contended no notice was issued or opportunity granted before suspension (Para 3.16). No final holding available in extracted text. D) Constitutional Law - Removal Procedure - Articles 317(1) and 317(3) Constitution of India - Removal exclusively by President; Article 317(1) only after Supreme Court inquiry under Article 145; Article 317(3) on grounds of insolvency, paid employment, or infirmity - Petitioner argued Governor cannot remove or suspend absent reference (Paras 3.10-3.12). No final holding available in extracted text. E) Constitutional Law - Effect of Stay Order - Interim order in WP No. 20949/2026 stayed resolutions and communications; subsequent suspension allegedly ignored stayed material - Petitioner contended reports forwarded by Secretary could not be considered (Para 3.18). No final holding available in extracted text.
Issue of Consideration
Whether the Governor could suspend the Petitioner/Chairman, KPSC under Article 317(2) in absence of or before reference to Supreme Court by President under Article 317(1); Whether the Governor could act or suspend the Petitioner/Chairman without the aid and advice of the Council of Ministers as contemplated under Article 163; Whether ex post facto approval/ratification by Council of Ministers can be treated as aid and advice under Article 163; Whether the suspension order violated principles of natural justice for lack of show-cause notice and hearing.
Final Decision
Not mentioned in the extracted judgment text. The matter was heard and reserved for orders on 27.07.2026, and the extracted text ends with the petitioner's submissions; no final operative decision is provided.
Law Points
- Article 317(2) Constitution of India permits Governor to suspend State Public Service Commission Chairman only after President makes reference to Supreme Court under Article 317(1)
- Article 317(1) removal only by President on Supreme Court report after inquiry under Article 145
- Article 317(3) President may remove on insolvency
- paid employment
- or infirmity
- Article 163 Governor acts with aid and advice of Council of Ministers
- natural justice in suspension
- Section 7 Karnataka Public Service Commission (Conduct of Business and Additional Functions) Act
- 1959 requires consideration of proceedings
