The Supreme Court has set aside a home ministry order that rejected the voluntary retirement request of Maharashtra cadre IPS officer Abdur Rahman. The officer faced various charges, including torturing a person in 2014, contracting a second marriage without the consent of his first wife in 2016, and delivering a speech in violation of rules in 2019.
Background of the Case
Rahman had submitted a notice in August 2019 for voluntary retirement under Rule 16(2A) of the All India Service (Death-cum-Retirement Benefits) Rules. However, the home ministry did not accept his notice, prompting him to approach the judiciary for relief.
Supreme Court's Decision
Allowing his plea, a bench comprising Justices P S Narasimha and Alok Aradhe directed the Centre to examine Rahman's request for voluntary retirement afresh and make a decision within three months. The court noted that the state government had subsequently filed a chargesheet in three cases, including one in 2022 related to his participation in the CAA protest. The Supreme Court asked the Centre to also consider these cases while reviewing his VRS request.
Court's Observations
The bench observed: "In view of above discussion and analysis, we are of the opinion that the central government has not examined the complaints in detail before taking the decision dated October 25, 2019, of not accepting the notice for VRS. Further, in view of the subsequent developments where chargesheets were issued but the state government has been unable to conclude the disciplinary proceedings, the central government must revisit its decision dated October 25, 2019, and examine the notice for voluntary retirement afresh."
The Supreme Court's ruling underscores the importance of a thorough examination of all relevant factors before rejecting a voluntary retirement request. The Centre is now required to reassess the case, taking into account the pending chargesheets and the lack of progress in disciplinary proceedings.
