In a significant decision of far-reaching consequences, the Supreme Court on Tuesday overruled a Union Home Ministry order denying voluntary retirement to senior Maharashtra cadre IPS officer Abdur Rahman (IPS:1997:MH) as he faced disciplinary action linked to his participation in protests against the Citizenship (Amendment) Act (CAA) protests and other complaints.
A bench of justices, PS Narasimha and Alok Aradhe, observed that the Centre did not properly examine the complaints and disciplinary proceedings cited against Rahman before refusing him voluntary retirement from service.
The top court also directed the Union Govt to reconsider Rahman’s VRS application afresh within three months under the All India Services (Death-cum-Retirement Benefits) Rules, 1958.
The apex court held the Centre’s power to reject a VRS request was not “unqualified” and set aside the July 2024 Bombay High Court judgment, which refused relief to Rahman by upholding the Central Administrative Tribunal (CAT)’s ruling.
The apex court also noted that the state govt had failed to conclude the disciplinary proceedings even after several years despite the fact that charge sheets had been issued to Rahman in 2020 and 2022. The bench ordered the Centre to revisit its decision.
One of the serious charges against Rahman was his alleged misconduct for not attending duties from December 2019 and for publicly protesting against the CAA both on social media and through physical participation in demonstrations.
The apex court also granted Rahman freedom to pursue remedies available in law, including approaching the CAT again, depending on the decision taken by the Home Ministry.
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