‘Consider afresh voluntary retirement plea of IPS officer who participated in CAA protests’: SC tells Centre

New Delhi: The Supreme Court on Tuesday set aside the Ministry of Home Affairs’ order rejecting the voluntary retirement application of a 1997-batch Maharashtra-cadre IPS officer who had faced disciplinary proceedings for participating in protests against the Citizenship (Amendment) Act (CAA) in 2019.

A bench of Justices P S Narasimha and Alok Aradhe directed the Centre to reconsider the voluntary retirement request of officer Abdur Rahman afresh, observing that the Ministry had not applied its mind properly while rejecting the plea.

The court noted that the Central government did not examine the complaints in detail before rejecting the officer’s notice for voluntary retirement on October 25, 2019.

It further observed that despite subsequent chargesheets being filed in 2020 and 2022, the disciplinary proceedings are yet to be concluded by the State Government.

“The central government must revisit its decision on October 25, 2019 and examine the notice for voluntary retirement afresh,” the bench said.

The court clarified that while the Centre has the final say on VRS applications under Rule 16(2A) of the All India Services (Death-cum-Retirement Benefits) Rules, 1958, and is not bound by the State Government’s recommendation, this power is not absolute and must be exercised judiciously.

The bench directed the Ministry of Home Affairs to pass fresh orders on Rahman’s VRS application, taking all relevant facts and circumstances into account, within three months.

It added that if aggrieved by the fresh decision, the officer can avail appropriate legal remedies, including approaching the Central Administrative Tribunal (CAT).

The court set aside the earlier orders of the CAT and the High Court, which had upheld the Centre’s rejection.

It held that the Centre’s decision suffered from “non-application of mind” as it failed to properly engage with the State Government’s recommendation favouring the officer’s retirement.

Rahman was served charge sheets, including one on April 24, 2022, for alleged misconduct relating to absence from duty and participating in protests against the CAA, both physically and on social media.

The court emphasised that the central government’s order rejecting the VRS on the ground that the officer was not clear from the vigilance angle was not sustainable.