DR (SMT) MANGALA SRIDHAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is an appeal against the judgment and order dated September 23, 2014, passed by the Hon'ble Single Judge in W.P.No.22801 of 2014 (Reported in 2014 (4) AKR 615) dismissing the writ petition.

(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 "KPSC' 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 ("CID' 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, 1977. 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.