Daijiworld Media Network - Bengaluru (SP)

Bengaluru, Mar 7: The state high court (HC), on Monday March 6, quashed the order passed by the previous governor of Karnataka, suspending Mangala Sridhar from the post of the member of Karnataka Public Service Commission (KPSC). Mangala had been suspended after allegations of irregularities in the appointment of officers of Karnataka Administrative Services cadre surfaced.

The division bench of the HC comprising Justice S K Mukherjee and Justice R B Budihal passed this order. The bench had reserved its judgement after hearing arguments relating to appeal filed by Mangala Sridhar in which she had questioned the order passed by the single-judge bench.

"As per section 317 (1) of the Indian Constitution, the President alone has the power to issue order if members of public service commissions have to be removed. The President can dismiss them for various reasons including misconduct, but before that, he has to send a reference to the Chief Justice of the Supreme Court to hold an inquiry into the allegations concerned. The members can be dismissed only if the investigation proves them guilty," the order stated.

The order observed that the governor had suspended Mangala on May 14, 2014, and on the same day he had provided details to the President, asking him to take further steps. "Since then, during the period of nearly three years, the President has not taken any steps, nor has he asked the Chief Justice of the Supreme Court to hold inquiry," the order noted.