P. K. BALASUBRAMANYAN, J.

( 1 ) THIS reference is made by the Hon'ble President of India under Article 317 of the constitution of India 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 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. It is seen that the respondent was subsequently released on ball though at least on three earlier occasions, her prayers for bail were rejected. Sinc