The Supreme Court recently upheld a Gauhati High Court order to set aside a rule enabling Deputy Commissioners (DCs) in Assam to initiate performance and appraisal reports of Indian Police Service officers in the State who are posted as Superintendents of Police (SPs).
A bench comprising Justice Aniruddha Bose and Justice PV Sanjay Kumar stated that the performance of a district Superintendent of Police (SP) cannot be reviewed by a Deputy Commissioner since the latter is not hierarchically above the former.
The Supreme Court bench explained that when liberty has been given to the SP to disagree with the Deputy Commissioner on any point relating to police administration and seek resolution of such difference of opinion through the Commissioner and thereafter, the inspector General of Police, it would be a parody to subject the performance assessment of such a SP to the same Deputy Commissioner with whom he/she had disagreed.
The apex court further added that the Annual Confidential Reports (ACRs) and Annual Performance Appraisal Reports (APARs) produced by District Commissioners in such situations cannot be taken as being impartial and objective. The aforesaid observations were made while disposing of an appeal filed by the Assam government against a Gauhati High Court order.
The Gauhati High Court ruling was challenged by the Assam government before the Supreme Court. The Supreme Court issued notice on this appeal in January 2019 and later sought the assistance of the Attorney General for India R Venkataramani in March last year.
While deciding on the appeal, the top court took exception to arguments by the State of Assam that the IPS officers who had moved the High Court could not insist on a reviewer of their choice. The Court underlined that IPS Officers, being members of an All-India Service, would be amenable to the rules framed under the 2007 Act. Hence, allowing DCs to interfere with the internal organisation of the police force would be contrary to the mandate of this Act, the Court said.
The bench remarked that merely because they are deployed and deputed to work in the State of Assam, IPS Officers cannot be denied the benefit of the 2007 Rules which would be applicable across the board to their ilk serving all over the country. The court noted that it would be incorrect to castigate such IPS Officers as insisting upon a ‘Reporting Authority’ of their choice.
Thus, the Assam government’s appeal was dismissed and the 2017 Gauhati High Court ruling was confirmed.