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

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

After a fact-finding inquiry under the Court's powers, the evidence did not attribute any specific act or omission constituting misbehaviour to Ms. Mepung Tadar Bage; the Inquiry Committee's report did not personally indict her, the criminal investigation did not name her, and the charges were vague or related to collective/institutional issues; accordingly the reference is answered that the charges are not proved and do not amount to misbehaviour warranting removal, and her suspension should be revoked with consequential benefits.

Parties
Referencing Authority (applicant): President of India; Respondent; Member, Arunachal Pradesh Public Service Commission: Mepung Tadar Bage
Jurisdiction
India
Judgment Date
28 August 2025
Procedural Posture
Reference Under Article 317(1) of the Constitution of India / Advisory Reference/inquiry Concluded; Supreme Court Report Rendered
Outcome
Reference answered: allegations of misbehaviour against Ms. Mepung Tadar Bage not proved
Legal Topics
Article 317, Misbehaviour of Public Service Commission Member, Removal and Suspension, Question Paper Leakage, Inquiry Procedure Under Order XLIII, Collective Vs Individual Responsibility
Constitutional Law Administrative Law Public Law Article 317 Misbehaviour of Public Service Commission Member Removal and Suspension Question Paper Leakage Inquiry Procedure Under Order XLIII +1 more

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Parties

President of India

Referencing Authority (applicant)

Mepung Tadar Bage

Respondent; Member, Arunachal Pradesh Public Service Commission

Procedural Posture

Reference Under Article 317(1) of the Constitution of India / Advisory Reference/inquiry Concluded; Supreme Court Report Rendered

Legal Issues

  1. 1 Whether the conduct of Ms. Mepung Tadar Bage amounted to 'misbehaviour' within the meaning of Article 317 of the Constitution by reason of failure to ensure integrity in the AE mains examination 2022 and thus liable to removal
  2. 2 Whether vagueness of charges against the respondent is an issue in enquiry under Article 317
  3. 3 Whether there is scope to question non-application of mind by any authority preceding the Presidential reference under Article 317

Ratio Decidendi

After a fact-finding inquiry under the Court's powers, the evidence did not attribute any specific act or omission constituting misbehaviour to Ms. Mepung Tadar Bage; the Inquiry Committee's report did not personally indict her, the criminal investigation did not name her, and the charges were vague or related to collective/institutional issues; accordingly the reference is answered that the charges are not proved and do not amount to misbehaviour warranting removal, and her suspension should be revoked with consequential benefits.

Court Disposition

Reference answered: allegations of misbehaviour against Ms. Mepung Tadar Bage not proved

Orders

  • Report and recommendation to be sent to the Hon'ble President of India under Order XLIII Rule 5 of the Supreme Court Rules, 2013
  • Recommend revocation of Ms. Mepung Tadar Bage's suspension forthwith