VidhiSangh

Supreme Court of India · 18/01/2024

STATE OF ASSAM AND OTHERS versus BINOD KUMAR AND OTHERS

[2024] 1 S.C.R. 473 · 2024 INSC 44

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Summary

The Deputy Commissioner could not initiate the performance appraisal of an Assam district Superintendent of Police. The Assam Police Manual’s Rule 63(iii) conflicted with the All India Services (Performance Appraisal Report) Rules, 2007 and Section 14(2) of the Assam Police Act, 2007, which bars the Deputy Commissioner from interfering in police organization and discipline.

Issues

  1. Whether Rule 63(iii) of the Assam Police Manual could authorize a Deputy Commissioner to initiate an IPS district Superintendent of Police’s ACR/APAR under the governing All India Services rules and the Assam Police Act, 2007.

Provisions considered

Held

Result

The State’s appeal was dismissed, leaving in place the High Court’s judgment invalidating Rule 63(iii) in the stated application. Pending applications were closed; parties were to bear their own costs.

Judgment PDF: Supreme Court of India, [2024] 1 S.C.R. 473.