LexIN RE: MEPUNG TADAR BAGE, MEMBER, ARUNACHAL PRADESH PUBLIC SERVICE COMMISSION versus
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[2025] 8 S.C.R. 2227 : 2025 INSC 1047 In Re: Mepung Tadar Bage, Member, Arunachal Pradesh Public Service Commission (Ref. U/A 317(1) No. 1 of 2023) 28 August 2025 [J.K. Maheshwari* and Aravind Kumar, JJ.] Issue for Consideration Leakage of question paper of Assistant Engineer (Civil) Mains Examination conducted by the Arunachal Pradesh Public Service Commission (APPSC), on 26th and 27th August, 2022, led to the present reference by the Hon’ble President of India under Article 317(1) of the Constitution of India, for inquiry and report as to whether Respondent (Ms. Mepung Tadar Bage) ought to be removed as member of APPSC on grounds of misbehaviour. Headnotes† Constitution of India – Art. 317(1) – Leakage of question paper of Assistant Engineer (Civil) Mains Examination conducted by the Arunachal Pradesh Public Service Commission (APPSC) – Reference u/Art.317(1) of Constitution – Whether Respondent ought to be removed as member of APPSC on grounds of misbehaviour: Held: In the present case, one can see that from the very inception, from the report of the Inquiry Committee, no specific allegation against the Respondent qua any of the six charges was levelled – Chapter 7 of this report, which forms the very basis of the present reference, merely makes some suggestions for improvement in the functioning of the APPSC and to adopt best practices – But it makes no adverse comment or personal indictment against the Respondent – In the present case, the letter of the Chief Minister to the Governor dated 27.10.2022 as well as letter of the Hon’ble Governor to the Hon’ble President of India dated 02.12.2022 impute responsibility for the leakage of the question paper for the Mains Examination upon the members of the Commission even though there was no such finding in the Inquiry Report – These letters further make it clear that the State dealt with the matter with a prejudice that the Members of the Commission were responsible for * Author 2228 [2025] 8 S.C.R. Supreme Court Reports the paper leakage without sufficient material or evidence to reach such a conclusion – The actions alleged against the Respondent do not meet the threshold of ‘misbehaviour’, rather, they do not even meet the threshold of ‘lapse’ which has a lower threshold – It is not a case where the Respondent was unable to maintain the standard of conduct expected of a Member of a Commission and her actions alone brought disrepute to the APPSC – No overt act by her has been shown to meet the threshold of misbehaviour – When there is no evidence linking the Respondent to the leakage of the question paper of the Mains Examination, summarily holding her responsible and seeking to remove her from office on the pretext of not maintaining confidentiality in the work of the Commission, it would further erode the roots of the Constitutional intent of Article 317 to protect the Members of the Public Service Commission from political pressure – Reference made by the Hon’ble President of India for the charges as alleged are not based on specific allegations against the Respondent in her individual or official capacity – Allegations which are general in nature, have not even been substantiated by bringing any cogent evidence and as such the allegations have not been found proved in the fact-finding enquiry conducted in exercise of powers under Art.145(1)(j) of the Constitution of India read with Order XLIII of the Supreme Court Rules, 2013 – Allegations of charges as made in the reference have not been proved – In terms of Order XLIII Rule 5 of the Supreme Court Rules, 2013 and answering the reference under Article 317(1) of the Constitution of India, this report with recommendation shall be sent to the Hon’ble President of India that the charges as alleged do not bring about any act of ‘misbehaviour’ by Respondent for taking action within its contours – It is further recommended that her suspension be revoked forthwith and she would be entitled to all consequential and monetary benefits. [Paras 75-78, 80] Constitution of India – Art.317 – Removal and suspension of a member of Public Service Commission – What may constitute ‘misbehaviour’ under Art.317 of the Constitution – External aids to discern the meaning – Constituent Assembly Debates – Reports of Supreme Court in previous references and judgements – Misbehaviour & Misconduct through the lens of Legal Dictionaries – Discussed. Held: The Supreme Court, when
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