CONSTITUTION OF INDIA Vs. SAYALEE SANJEEV JOSHI

JUDGEMENT

(1.) This reference is made by the Hon'ble President of India under Article 317 of the Constitution Of India, 1950 in relation to the conduct of the respondent, a member of the Maharashtra Public Service Commission. The question is whether respondent No. 3 is liable to be removed from office on the ground of misbehaviour.

(2.) The said respondent joined the Maharashtra Public Service Commission as a member on 8.5.2001. She was arrested on 8.6.2003 in a crime registered in connection with a complaint lodged by the Public Service Commission relating to mal-practices in respect of an examination conducted in the year 1999. Twenty one others were also arrested. The respondent was lodged in jail. This led to His Excellency the Governor of Maharashtra to request His Excellency the President of India to initiate action under Article 317 of the Constitution Of India, 1950 for her removal. He also suspended her from office until an order had been passed by the President under clause (1) of Article 317 of the Constitution Of India, 1950. It is seen that the respondent was subsequently released on bail though at least on three earlier occasions, her prayers for bail were rejected. Since a request was made to the President of India to act in terms of Article 317(1) of the Constitution Of India, 1950, the placing of the respondent under suspension under Article 317(2) of the Constitution Of India, 1950 was proper. Considering the nature of the scam that emerged and the constitutional position enjoyed by the Public Service Commission, the reference to this Court under Article 317(1) of the Constitution is seen to be the proper step to be taken.

(3.) The Governor made the request to the President by letter dated 5.8.2003 to initiate action under Article 317 of the Constitution Of India, 1950. His Excellency made the reference by letter dated 13.12.2003.