Itanagar: The Supreme Court on August 28 set aside the suspension of Arunachal Pradesh Public Service Commission (APPSC) member Mepung Tadar Bage, ruling that allegations of “misbehaviour” against her in the 2022 examination paper leak case were unsubstantiated.
A bench comprising Justices J.K. Maheshwari and Aravind Kumar, while answering a Presidential Reference under Article 317(1) of the Constitution, observed that the charges “do not even meet the threshold of a lapse, let alone misbehaviour.” The court directed her immediate reinstatement, with entitlement to all consequential and monetary benefits.
“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,” the bench noted in its order.
The ruling also criticised the Arunachal Pradesh government’s decision to recommend a Presidential reference for her removal, calling it “arbitrary, unfair and discriminatory.” Under Article 317(1), a member of a public service commission can only be removed by the President of India on proven grounds of misbehaviour, following a Supreme Court inquiry.
The judgment highlighted inconsistencies in the state government’s approach, pointing out that other commission members who resigned after the paper leak later assumed fresh government posts—despite Article 319(d) of the Constitution barring such appointments. This, the bench said, suggested no clear evidence of personal misconduct on Bage’s part.
In its 77-page verdict, the court stressed that while members of public service commissions must uphold the highest standards of conduct, removal from a constitutional office demands concrete proof. It concluded that “from the very inception, no specific allegation against the Respondent qua any of the six charges was levelled.”
The verdict restores Bage’s position in the APPSC and reinforces constitutional safeguards designed to protect commission members from political or external pressure.
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