STATE OF ASSAM AND OTHERS versus BINOD KUMAR AND OTHERS

STATE OF ASSAM AND OTHERS versus BINOD KUMAR AND OTHERS

Rule 63(iii) of the Assam Police Manual is invalid insofar as it requires the Deputy Commissioner (an officer outside the police service) to initiate ACRs/APARs of District Superintendents of Police because this conflicts with the scheme of the All India Service rules (1970/2007) which require reporting, reviewing and accepting authorities to be from the same service/department and with Section 14(2) of the Assam Police Act, 2007 which prohibits the Deputy Commissioner from interfering in the internal organization and discipline of the police force; therefore the Deputy Commissioner cannot be the Reporting Authority for SPs in Assam.

Parties
Appellant: State of Assam and Others; Respondent: Binod Kumar and Others
Jurisdiction
India
Judgment Date
18 January 2024
Procedural Posture
Civil Appeal / Decided by Supreme Court (final Judgment)
Outcome
appeal dismissed
Legal Topics
Reporting Authority, Annual Confidential Reports (acr) / Annual Performance Appraisal Reports (apar), All India Service Rules, Section 14(1) and 14(2) Assam Police Act, 2007, Harmonious Construction, Separation of Powers
Service Law Administrative Law Police Administration Statutory Interpretation Reporting Authority Annual Confidential Reports (acr) / Annual Performance Appraisal Reports (apar) All India Service Rules Section 14(1) and 14(2) Assam Police Act, 2007 +2 more

Case Brief

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Parties

State of Assam and Others

Appellant

Binod Kumar and Others

Respondent

Procedural Posture

Civil Appeal / Decided by Supreme Court (final Judgment)

Legal Issues

  1. 1 Whether Rule 63(iii) of the Assam Police Manual is lawful insofar as it requires the Deputy Commissioner to be the Reporting Authority for ACRs/APARs of District Superintendents of Police in Assam
  2. 2 Whether Rule 63(iii) conflicts with Section 14(2) of the Assam Police Act, 2007 and the All India Services (Confidential Rolls) Rules, 1970 / All India Services (Performance Appraisal Report) Rules, 2007
  3. 3 Whether reporting, reviewing and accepting authorities must belong to the same service or department and whether an officer outside the police (Deputy Commissioner) can be Reporting Authority

Ratio Decidendi

Rule 63(iii) of the Assam Police Manual is invalid insofar as it requires the Deputy Commissioner (an officer outside the police service) to initiate ACRs/APARs of District Superintendents of Police because this conflicts with the scheme of the All India Service rules (1970/2007) which require reporting, reviewing and accepting authorities to be from the same service/department and with Section 14(2) of the Assam Police Act, 2007 which prohibits the Deputy Commissioner from interfering in the internal organization and discipline of the police force; therefore the Deputy Commissioner cannot be the Reporting Authority for SPs in Assam.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.
  • Applications for permission to file additional documents are allowed.