VidhiSangh

Supreme Court of India · 28/08/2025

IN RE: MEPUNG TADAR BAGE, MEMBER, ARUNACHAL PRADESH PUBLIC SERVICE COMMISSION versus

[2025] 8 S.C.R. 2227 · 2025 INSC 1047

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Summary

On a Presidential reference under Article 317(1) for removal of a Member of the Arunachal Pradesh Public Service Commission on six charges arising from the leak of the Assistant Engineer (Civil) Mains Examination paper in 2022, the Supreme Court, after a fact-finding inquiry under Order XLIII of the Supreme Court Rules, reported that none of the charges was proved: misbehaviour under Article 317 is individual, not collective, and no act or omission attributable to the Member in her personal or official capacity was shown. The Court recommended revocation of her suspension with all consequential benefits.

Issues

  1. Whether the Member's conduct in relation to the 2022 Mains Examination amounted to 'misbehaviour' within Article 317 of the Constitution so as to warrant her removal.
  2. What 'misbehaviour' means under Article 317 and how it differs from 'proved misbehaviour' under Article 124(4) and from 'misconduct'.
  3. Whether a Member of a Public Service Commission can be removed under Article 317 on the basis of the collective responsibility of the Commission rather than her individual conduct.
  4. Whether each of the six charges in the reference was proved.

Provisions considered

Held

Result

Reference answered: report sent to the President under Order XLIII Rule 5 of the Supreme Court Rules, 2013 that the charges as alleged do not establish any act of misbehaviour by the respondent; recommended that her suspension be revoked forthwith and that she be entitled to all consequential and monetary benefits.

Judgment PDF: Supreme Court of India, [2025] 8 S.C.R. 2227.