The Supreme Court recently has affirmed the Gauhati High Court's decision to reject a rule permitting Deputy Commissioners (DCs) in Assam to conduct performance and appraisal assessments for Indian Police Service (IPS) officers serving as Superintendents of Police (SPs). The ruling emphasizes the importance of maintaining the hierarchical integrity within the police force and ensuring a fair and impartial assessment process.

The case revolved around Rule 63(iii) of the Assam Police Manual, which stipulated that Deputy Commissioners should initiate the Annual Confidential Reports (ACRs) and Annual Performance Appraisal Reports (APARs) for SPs in the state. However, this rule was challenged by various SPs in Assam, leading to the Gauhati High Court's decision that it violated Section 14(2) of the Assam Police Act, 2007.

The Supreme Court bench, comprising Justices Aniruddha Bose and PV Sanjay Kumar, rejected the Assam government's appeal against the Gauhati High Court order. The bench underscored the fundamental principle that the performance of a district SP cannot be reviewed by a DC, as the latter is not hierarchically superior to the former.

The court highlighted that IPS officers, as members of an All-India Service, are bound by the rules framed under the 2007 Act. Allowing DCs to interfere with the internal organization of the police force, the court argued, would contradict the mandate of the Act. The IPS officers were simply seeking parity with their counterparts serving in other parts of the country, and the court dismissed the notion that they were insisting on a 'Reporting Authority' of their choice.

The ruling brings clarity to the question of who should be the 'Reporting Authority' for the initiation of ACRs and APARs for SPs in Assam. The court's decision reinforces the need to avoid conflicts of interest and ensure an unbiased assessment process, preserving the sanctity of the evaluation of IPS officers' performance.

The legal battle, initiated by SPs in Assam against the challenged rule, marks a victory for the IPS officers in their pursuit of a fair and standardized assessment procedure. The court's dismissal of the Assam government's appeal confirms the 2017 Gauhati High Court ruling, settling the longstanding debate on the lawful initiation of performance assessments for SPs in the state.

Representatives from both sides, including Additional Advocate General Nalin Kohli and Senior Advocates Aman Lekhi and L Narasimha Reddy, presented their arguments during the course of the appeal, contributing to the comprehensive legal examination that ultimately shaped the court's decision.

Case: The State of Assam and others vs. Binod Kumar and others,

CIVIL APPEAL NO. 1933 OF 2023.

Click to Read/Download judgment.