The Supreme Court on Tuesday directed the Union government to reconsider the voluntary retirement request of Maharashtra cadre IPS officer Abdur Rahman, observing that the Centre had not properly examined the disciplinary matters cited while rejecting his plea.
A bench comprising PS Narasimha and Alok Aradhe set aside the earlier Bombay High Court ruling that had upheld the Centre’s decision to deny Rahman’s request for voluntary retirement.
Supreme Court Questions Centre’s Decision
The apex court said the Union government could not reject a voluntary retirement application without carefully reviewing the allegations and complaints relied upon in its decision.
The court observed that the Centre failed to thoroughly assess the pending disciplinary proceedings against Rahman before refusing to allow him to retire from service under the All India Services (Death-cum-Retirement Benefits) Rules, 1958.
The bench also noted that the power to reject a VRS application is not absolute and must be exercised after proper consideration of all relevant facts.
Delay in Disciplinary Proceedings Highlighted
The court took note of the fact that charge sheets had been issued to Rahman in 2020 and 2022, but the disciplinary proceedings had remained unresolved for years.
According to the bench, such prolonged delay required the Centre to revisit its earlier decision and reconsider the officer’s retirement request afresh.
The Supreme Court has now directed the Ministry of Home Affairs to take a fresh decision on Rahman’s VRS plea within three months.
Case Linked to CAA Protest Allegations
One of the allegations against Rahman related to his participation in protests against the Citizenship (Amendment) Act, or CAA, in 2019. He was also accused of remaining absent from duty during that period and expressing his views publicly through social media and demonstrations.
The Supreme Court clarified that Rahman would remain free to pursue further legal remedies, including approaching the tribunal again, depending on the outcome of the Centre’s fresh decision.
