New Delhi: The Supreme Court has ruled that Mepung Tadar Bage, a member of the Arunachal Pradesh Public Service Commission (APPSC), is not guilty of “misbehaviour” in connection with the APPSC examination paper leak case. The Court ordered her reinstatement, noting that the allegations did not even meet the threshold of a “lapse.”
Bench Dismisses Allegations
A bench of Justices J. K. Maheshwari and Aravind Kumar delivered the ruling while hearing a Presidential Reference under Article 317(1) of the Constitution. The provision governs the suspension and removal of public service commission members.
The justices concluded that the allegations against Bage lacked evidence. They stressed that her conduct did not constitute “misbehaviour,” nor did it fall short of the standards expected of a commission member.
Court’s Observations
“The actions alleged against the Respondent do not meet the threshold of ‘misbehaviour’; rather, they do not even meet the threshold of ‘lapse’,” the bench stated.
It further noted that Bage’s actions alone had not brought disrepute to the APPSC. Accordingly, the Court recommended to the President that the charges of misconduct stand unproven.
Criticism of State Government
The bench also criticized the Arunachal Pradesh government for referring the matter under Article 317(1). It described the recommendation as “arbitrary, unfair and discriminatory,” given the absence of specific allegations against Bage.
The court highlighted that while the APPSC chairman and members resigned on moral grounds after the paper leak scandal, some were later appointed to other government posts. This, it said, raised concerns under Article 319(d), which bars former commission members from accepting further government employment.
Upholding Constitutional Safeguards
The justices observed that Article 317 is designed to protect commission members from undue political pressure and interference. They stressed that any inquiry into removal must be approached with caution, keeping in mind the high standards expected of constitutional functionaries.
After reviewing the evidence, the Court found no substantiated charges against Bage. It held that none of the six allegations in the reference were proven, reinforcing the principle that removal of commission members requires clear, demonstrable misconduct.
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