The Supreme Court on Tuesday set aside a Ministry of Home Affairs order rejecting Maharashtra cadre IPS officer Abdur Rahman’s request of Voluntary Retirement from Service (VRS) for he was facing disciplinary proceedings for participating in protests against the Citizenship (Amendment) Act in 2019 and in two other complaints.
The top court held that the Centre has the power to independently accept the VRS application under the All India Service (Death-cum-Retirement Benefits) Rules of 1958, but it was not unqualified. It asked the Union Government to examine Rahman’s request for VRS afresh and take a decision in three months.
“We are of the opinion that the Central Government has not examined the complaints in detail before taking the decision dated 25.10.2019 of not accepting the notice for VRS,” a Bench of Justice PS Narasimha and Justice Alok Aradhe said, allowing Rahman’s appeal against the July 23, 2024 judgment of the Bombay High Court that refused to interfere with the December 2023 order of Central Administrative Tribunal (CAT) rejecting his plea for VRS.
“Further, in view of the subsequent developments where chargesheets dated 17.06.2020, 6.10.2020 and 24.04.2022 were issued but the State Government has been unable to conclude the disciplinary proceedings, the Central Government must revisit its decision dated 25.10.2019 and examine the notice for voluntary retirement afresh,” the top court ordered.
The top court directed the MHA to take into account facts and circumstances of the case and pass appropriate orders under proviso to Rule 16(2A) on the application for VRS by the appellant.
Needless to say, against the order that may be passed by the MHA, if necessary and if so advised, the appellant may be entitled to avail such remedies as may be available in law, including invocation of jurisdiction of the CAT, the Bench clarified.
On April 24, 2022, a chargesheet was issued to Rahman for major penalty in relation to alleged misconduct of not attending to duties from December 12, 2019 after filing a plea in the Central Administrative Tribunal (CAT) and without interim relief by the CAT; and for registering protest against the Citizenship (Amendment) Act, 2019 on social media as well as physically participating in protests.
