Case Note & Summary
The Supreme Court of India addressed a reference made by the President concerning Smt. Sayalee Sanjeev Joshi, a Member of the Maharashtra Public Service Commission, regarding allegations of misbehaviour linked to examination malpractices in 1999. Following complaints and an investigation by the Anti Corruption Bureau, she was arrested in 2003, leading to a Public Interest Litigation alleging conspiracy involving high officials. The President received communications from the Governor of Maharashtra and the Commission, prompting the inquiry under Article 317 of the Constitution. The court initially directed the Attorney General to outline the charges and evidence against Joshi. After reviewing the material, the Attorney General proposed to drop two of the six charges but maintained that four charges were substantiated by evidence. The court heard arguments from both sides, with Joshi's counsel asserting that the charges lacked evidence and were unfounded. The court decided to frame charges 1, 2, 4, and 5 against Joshi while allowing her to contest the relevance of charge 4 in relation to the Presidential reference. The matter was scheduled for further hearing on October 25, 2005.
Headnote
A) Constitutional Law - Removal of Member - Grounds for Removal - Article 317 of the Constitution of India - The President referred the matter for inquiry regarding misbehaviour of Smt. Sayalee Sanjeev Joshi, Member of the Maharashtra Public Service Commission, based on allegations of involvement in examination malpractices. The court directed the framing of charges against her after considering the Attorney General's suggestions and the responses from the parties involved. Held that charges 1, 2, 4, and 5 were to be framed (Paras 1-3).
Issue of Consideration
Whether Smt. Sayalee Sanjeev Joshi ought to be removed from the office of the Member of the Maharashtra Public Service Commission on grounds of misbehaviour.
Final Decision
The court directed that charges 1, 2, 4, and 5 be framed against Smt. Sayalee Sanjeev Joshi and scheduled the matter for further hearing on October 25, 2005.
Law Points
- Article 317 of the Constitution of India
- misbehaviour
- inquiry procedure
- framing of charges
