Assam Police Manual, Rule 63(iii) – Police Act, 1861 – Assam Police Act, 2007, Section 14(2), 65 – All India Services (Confidential Rolls)Rules, 1970, Rules 2(e),2(f) and 2(a) – All India Services (Performance Appraisal Report) Rules, 2007, Rules 2(j), 2(k) and 2(a) – Service Law – Annual Confidential Report – Whether Rule 63(iii) of the Assam Police Manual, which prescribes that such assessment should be initiated by the Deputy Commissioner concerned, as the ‘Reporting Authority’, is lawful –Controversy as to ‘Reporting Authority’ to initiate Annual Confidential Reports (ACRs)/Annual Performance Appraisal Reports (APARs) of Indian Police Service (IPS)Officers working as District Superintendents of Police (SPs) in the State of Assam – High Court holding Rule 63(iii) of the Assam Police Manual invalid on the ground that it is in direct conflict with Section 14(2) of the Act, 2007 – Held that given the fact that the 1970 Rules/2007Rules define reporting, reviewing and accepting authorities to mean that they must all be from the same service or department, intervention by the Deputy Commissioner during the exercise of performance assessment of SPs of the districts in the State of Assam, by virtue of Rule 63(iii) of the Manual, cannot be countenanced, being in direct conflict therewith, and would tantamount to permitting the Deputy Commissioner to interfere with the internal organization of the police force, which would be contrary to the mandate of Section 14(2) of the Act of 2007 – Find no grounds to disagree with the conclusion arrived at by the High Court, holding to that effect – Appeal liable to be dismissed. (Para 1, 3, 26 and 27)
SUPREME COURT OF INDIA
2024 STPL(Web) 44 SC
[2024 INSC 44]
STATE OF ASSAM AND OTHERS vs. BINOD KUMAR AND OTHERS
Civil Appeal No. 1933 of 2023-Decided on 18-1-2024
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