SAYALEE SANJEEV JOSHI Vs. STATE

JUDGEMENT

(1.) The President of India in exercise of powers conferred by clause (1) of Article 317 of the Constitution of India referred to this Court for inquiry and report as to whether Smt. Sayalee Sanjeev Joshi, member, Maharashtra Public Service commission, ought, on the grounds of misbehaviour, to be removed from the office of the Member of the Commission.

(2.) It appears that the Maharashtra Public service Commission conducted an examination in the year 1999 for selection of Public Sub inspectors, Sales Tax Inspectors and Mantralaya assistants. In view of complaint lodged by the commission in relation to mal practices in the said examination, Smt. Sayalee Sanjeev Joshi was arrested by the Anti Corruption Bureau on June 8, 2003. A Public Interest Litigation was also filed in the HIGH COURT OF BOMBAY alleging conspiracy of agents with high officials in manipulating the results of the examination and Smt. Sayalee Sanjeev Joshi has been named and there is evidence with Anti corruption Bureau against her.

(3.) The President of India received a communication from the Governor of Maharashtra dated August 5, 2003 enclosing therewith letter dated June 16, 2003 alongwith enclosures received from the Chairman of Maharashtra public Service Commission to the effect that smt. Sayalee Sanjeev Joshi, Member of the commission was involved in a scam pertaining to the results of the Commission which warranted appropriate action under Article 317 of the Constitution of India. In this background, the President of India made the aforesaid reference to this Court under Article 317 (1) of the Constitution of India.