Moral compass of Public Service Commission members must remain unblemished: SC

New Delhi: The Supreme Court on Thursday said the Chairperson and Members of a Public Service Commission must conform to a standard of conduct that is unimpeachable in the eyes of law.

A bench of Justices J K Maheshwari and Aravind Kumar said 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.

"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," the bench said.

In a fact finding enquiry report, the court ordered for sending a recommendation to the President that the charges as alleged do not bring about any act of ‘misbehaviour’ by Ms Mepung Tadar Bage, member of Arunachal Pradesh Public Service Commission for taking action within its contours.

"We further recommend that her suspension be revoked forthwith and she would be entitled to all consequential and monetary benefits," the bench said.

The court pointed out, for proving ‘misbehaviour’ under Article 317 of the Constitution, in order to remove a Chairman or Member of a Public Service Commission upon reference being made by the President of India, it is generally necessary to demonstrate with cogent material as per the procedure laid down that the conduct complained of and charges formulated are attributable to the individual in question.

"The term ‘misbehaviour' must be given a wider import; it cannot be narrowly construed and is required to be understood in the context of the alleged misbehaviour complained of, the office in question and the standards required to be maintained by a person as a necessary corollary of holding such office," the bench said.

The court emphasised civil servants are indispensable to the governance of the country as the responsibility of efficiently and diligently implementing the laws has been bestowed upon them.

"Well thought of and planned policies can crumble, like a sandcastle, at the first hit of waves, if there isn’t a strong administration in place to implement them. In a lot of ways, the Civil Servants are the ambassadors of democracy; the first point of contact between the citizenry and the government. It is through them that the government is able to successfully implement the countless welfare schemes for the larger good of the public," the bench said.

The court's report came on a Presidential reference made under Article 317(1) of the constitution seeking its opinion if Mepung Tadar Bage, ought to be removed on the grounds of misbehaviour due to alleged irregularities, especially leakage of the question paper of Assistant Engineer (Civil) Mains Examination conducted on August 26 and 27, 2022.

Having conducted a fact finding inquiry, the bench said, "in our view, the reference made by the Hon’ble President of India for the charges as alleged are not based on specific allegations against the Respondent Mepung Tadar Bage in her individual or official capacity."

The court noted the allegations which are general in nature, have not even been substantiated by bringing any cogent evidence.

"As such we are of the view that the allegations have not been found proved in the fact finding enquiry conducted by us in exercise of the powers under Article 145(1)(j) of the Constitution of India read with Order XLIII of the Supreme Court Rules, 2013," the bench said.