STATE OF ASSAM Vs. BINOD KUMAR

JUDGEMENT

(1.) By judgment dtd. 5/12/2017, the Gauhati High Court allowed W.P(C). No.4752 of 2015 and held Rule 63(iii) of the Assam Police Manual invalid on the ground that it is in direct conflict with Sec. 14(2) of the Assam Police Act, 2007. This judgment is called in question by the State of Assam and its officials in the Home Department.

(2.) While ordering notice on 7/1/2019, this Court directed that no coercive steps should be taken against the appellants on the basis of the impugned judgment. On 21/3/2023, this Court issued notice to the learned Attorney General for India, being of the opinion that his presence was necessary for effective adjudication of this appeal.

(3.) The core controversy in this case is as to who should be the '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. More particularly, the issue is whether Rule 63(iii) of the Assam Police Manual (for brevity, 'the Manual'), which prescribes that such assessment should be initiated by the Deputy Commissioner concerned, as the 'Reporting Authority', is lawful. The specific ground successfully urged before the High Court by the respondents herein, viz., IPS Officers working as SPs in the State of Assam, is that this Rule is violative of Sec. 14(2) of the Assam Police Act, 2007, (for brevity, 'the Act of 2007').