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In Re: Ms. Mepung Tadar Bage, Member, Arunachal Pradesh Public Service Commission

Not available · 2025 INSC 1047Decided 28 Aug 2025
Ref. U/A 317(1) No. 1 of 2023
Justice J.K. Maheshwari · Justice Aravind Kumar

Background

Ms. Mepung Tadar Bage was appointed a Member of the Arunachal Pradesh Public Service Commission (APPSC) in August 2021. In August 2022, the question paper for the APPSC's Assistant Engineer (Civil) Mains Examination was leaked, leading to a police FIR, a CBI investigation (which chargesheeted a Deputy Secretary of APPSC and a private printing-press representative, not Ms. Bage), and a State-appointed inquiry committee. After the Chairman and other Members of APPSC resigned, Ms. Bage, the last remaining member, was singled out, and the President of India made a reference to the Supreme Court under Article 317(1) seeking her removal on six charges centered on an alleged collective failure to safeguard exam confidentiality and update outdated guidelines.

Decision Breakdown

The Supreme Court, acting in its advisory/inquiry jurisdiction under Article 317(1) read with Article 145(1)(j) and Order XLIII of the Supreme Court Rules, 2013, examined the meaning of "misbehaviour" through constitutional history, Constituent Assembly debates, and prior Article 317 references. It found no evidence that Ms. Bage was individually responsible for the paper leak, for the Commission's delay in updating its 2017 examination guidelines, or for the decision to keep certain punishment orders in abeyance: these were collective decisions of the Commission, and mere membership does not equate to personal fault. The Court also rejected the State's "collective responsibility" theory, noting inconsistency in the State's own conduct (other resigned members were later given other government posts, undermining the claim that all members were culpable). Concluding that none of the six charges met even the lower threshold of a "lapse," let alone "misbehaviour," the Court held the charges unproved and recommended to the President that Ms. Bage not be removed, that her suspension be revoked forthwith, and that she receive all consequential and monetary benefits.

Lesson Learnt

Article 317 exists precisely to shield Public Service Commission members from being removed on vague, generalized, or politically expedient grounds: a member cannot be held personally guilty of "misbehaviour" for collective institutional failures unless specific evidence shows individual wrongdoing or dereliction of a specific duty.

Official source (sci.gov.in)View Judgment (PDF)

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