Case Title: The State of Assam and others v. Binod Kumar and others
Case No.: CIVIL APPEAL NO. 1933 OF 2023
Decided On: 18.01.2024
Coram: Hon’ble Mr. Justice Aniruddha Bose and Hon’ble Mr. Justice Sanjay Kumar
Facts of the Case:
The appeal against the Gauhati High Court’s ruling that Rule 63(iii) of the Assam Police Manual, which designates the Deputy Commissioner as the “Reporting Authority” for IPS Officers serving as District Superintendents of Police, is invalid, was dismissed by the Supreme Court. The main problem was the inconsistency with Assam Police Act, 2007 Section 14(2). The Court held that the rule, dating back to the Police Act, 1861, was not compatible with the changed administrative setup. In support of the High Court’s ruling, the ruling stressed how important it is that reporting, reviewing, and accepting authority come from the same agency.
Legal Provisions
Rule 63(iii) of the Assam Police Manual, which specifies the Deputy Commissioner as the “Reporting Authority” for evaluating the performance of IPS Officers, is at the centre of this case. The Gauhati High Court determined that the regulation was in violation of Assam Police Act, 2007, Section 14(2). The Supreme Court upheld, ruling that the Deputy Commissioner’s position is in conflict with the Act and the set guidelines for IPS Officer evaluations.
Issues
The primary dispute is whether Assam Police Manual Rule 63(iii), which designates the Deputy Commissioner as the “Reporting Authority” for IPS Officer evaluations is legal or not. Its inconsistency with Section 14(2) of the Assam Police Act, 2007, is what gives birth to the disagreement. The Gauhati High Court’s ruling is upheld by the Supreme Court, which emphasizes compliance with the 2007 All India Services (Performance Appraisal Report) Rules, which mandate consistency in the department or service provided by authorities.
Court’s analysis and decision
The State of Assam and its representatives appealed the Gauhati High Court’s ruling, but the Supreme Court denied their appeal. Rule 63(iii) of the Assam Police Manual, which named the Deputy Commissioner as the “Reporting Authority” for the Annual Confidential Reports (ACRs)/Annual Performance Appraisal Reports (APARs) of (IPS) Officers serving as District SPs in the State of Assam, was at the centre of the dispute. Due to a contradiction with Section 14(2) of the Assam Police Act of 2007, the High Court has declared the order to be unconstitutional. The Supreme Court upheld this ruling, highlighting the altered dynamics resulting from the division of powers, and came to the conclusion that putting the regulation into effect would be at odds with both the applicable service rules and the Act of 2007.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by- Aastha Ganesh Tiwari
