Supreme Court Clears APPSC Member of Misconduct Allegations in Presidential Reference

The Supreme Court on August 28, 2025 ruled that to establish ‘misbehaviour’ under Article 317 of the Constitution, for removing a Chairman or Member of a Public Service Commission upon a Presidential reference, there must be specific and cogent evidence linking the alleged conduct to the individual concerned.

A bench of Justices J.K. Maheshwari and Aravind Kumar exonerated Mepung Tadar Bage, Member of the Arunachal Pradesh Public Service Commission (APPSC), of all charges in a fact-finding inquiry concerning the leakage of the question paper of the Assistant Engineer (Civil) Mains Examination held on August 26–27, 2022.

The judgment stressed the high ethical standards expected from PSC members, noting that citizens have a legitimate expectation of honesty and impartiality from these constitutional functionaries so that public confidence in the recruitment system remains intact. It observed that individuals holding such positions must maintain a level of conduct beyond ordinary public servants, given the nature of their responsibilities;

"It is indisputable that the Chairperson and Members of a Public Service Commission must conform to a standard of conduct that is unimpeachable in the eyes of law. Their actions, decisions, and even omissions must reflect the fairness, and highest degree of integrity inherent in these constitutional offices. The standard of behaviour expected of them is thus neither ordinary nor comparable to that of other public servants; it is elevated by the very nature of the institution they represent. The removal of any such officeholder on the ground of misbehaviour, therefore, must be assessed on these anvils. In a democratic polity that is constantly being shaped by ethos of transformative constitutionalism, the moral compass of those entrusted with such public responsibilities must remain unblemished."

Explaining the scope of misbehaviour, the Court said the expression must be interpreted broadly in light of the office and its functions, and not in a narrow or technical sense. 

Highlighting the critical role of Public Service Commissions, the Court observed that governance depends on a strong administrative framework, and civil servants act as a bridge between the government and the people, implementing policies and welfare schemes effectively.

After examining the Presidential reference under Article 317(1), the Court found the allegations against Bage to be general, unsubstantiated, and lacking any evidence of personal culpability. It held that the State’s move to seek her removal was arbitrary, unfair, and discriminatory, and directed that her suspension be revoked with all consequential and monetary benefits.

Brief Background

The case arose from a Presidential reference under Article 317(1) seeking the Supreme Court’s opinion on whether Mepung Tadar Bage, a Member of the Arunachal Pradesh Public Service Commission (APPSC), should be removed for alleged misbehaviour.

The allegations stemmed from the leakage of question papers for the Assistant Engineer (Civil) Mains Examination conducted on August 26–27, 2022. Following the incident, an Inquiry Committee was constituted on September 21, 2022, which suggested reconstituting the Commission to restore public confidence.

Acting on this, the State recommended Bage’s removal to the President, who then referred the matter to the Supreme Court.

During the proceedings, the Court examined the inquiry report, recorded evidence, and considered whether the allegations established personal culpability on Bage’s part.

Case Title: In Re: Mepung Tadar Bage, Member, Arunachal Pradesh Public Service Commission

Date of Judgment: August 28, 2025

Bench: Justice J.K. Maheshwari, Justice Aravind Kumar