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. Since a request was made to the president of India to act in terms of Article 317 (1) of the Constitution, the placing of the respondent under suspension under Article 317 (2) of the Constitution 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. His Excellency made the reference by letter dated 13. 12. 2003.

( 4 ) ARTICLE 317 of the Constitution reads as under :

"317. Removal and suspension of a member of a Public Service Commission- (1)Subject to the provisions of clause (3), the chairman or any other member of a Public service Commission shall only be removed from his office by order of the President on the ground of misbehaviour after the Supreme Court, on reference being made to it by the President, has, on enquiry held in accordance with the procedure prescribed in that behalf under article 145, reported that the Chairman or such other member, as the case may be, ought on any such ground to be removed. (2) The President, in the case of the Union commission or a Joint Commission, and the governor in the case of a State Commission, may suspend from office the Chairman or any other member of the Commission in respect of whom a reference has been made to the Supreme Court under clause (1) until the President has passed orders on receipt of the report of the Suprem,,, ourt on such reference, (3) Notwithstanding anything in clause (1), the President may by order remove from office the Chairman or any other member of a Public Service Commission if the Chairman or such other members, as the case may be,- (a) is adjudged an insolvent; or (b) engages during his term of office in any paid employment outside the duties of his office; or (c) is in the opinion of the President unfit to cantinue in office by reason of infirmity of mind or body. (4) If the Chairman or any other member of a Public Service Commission is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India or the government of a State or participates in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of clause (1), be deemed to be guilty of misbehaviour. "

( 5 ) THE contours of enquiry when a reference is made by the President of India under Article 317 (1) of the Constitution of India has been clearly drawn by this Court in Special Reference no. 1 of 1983