New Delhi: In a significant ruling, the Supreme Court has set aside the Union Home Ministry’s decision rejecting the voluntary retirement request of former Maharashtra cadre IPS officer Abdur Rahman and directed the Central Government to reconsider his application afresh within three months.
A Bench comprising Justice P.S. Narasimha and Justice Alok Aradhe held that the Centre had failed to adequately examine the complaints and disciplinary issues cited while rejecting Rahman’s Voluntary Retirement Scheme (VRS) application in 2019.
The court’s decision comes after a prolonged legal battle initiated by Rahman, who had sought voluntary retirement from the Indian Police Service in August 2019 but was denied permission by the government due to pending disciplinary proceedings and complaints against him.
Supreme Court Sets Aside 2019 Rejection Order
Abdur Rahman had submitted a notice seeking voluntary retirement under Rule 16(2A) of the All India Services (Death-cum-Retirement Benefits) Rules, 1958, in August 2019.
The Ministry of Home Affairs subsequently rejected the request on October 25, 2019, citing pending complaints and disciplinary matters.
Allowing Rahman’s plea, the Supreme Court observed that the Central Government had not undertaken a detailed examination of the complaints before rejecting the VRS application.
“In view of the 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 voluntary retirement,” the Bench noted.
The Court directed the Centre to reconsider the request in light of all available material and take a fresh decision within three months.
Court Asks Centre to Consider Subsequent Charge Sheets
The Supreme Court also took note of developments that occurred after the original rejection order.
The Maharashtra Government subsequently issued charge sheets against Rahman in three separate matters, including a 2022 case linked to his participation in protests against the Citizenship Amendment Act (CAA).
However, the Court observed that despite the passage of several years, disciplinary proceedings in these cases had not reached a conclusion.
Taking this into account, the Bench directed the Central Government to evaluate both the original complaints and the subsequent disciplinary proceedings while reconsidering the VRS application.
The Court stated that the inability of the authorities to conclude disciplinary proceedings despite the passage of time was an important factor that warranted a fresh review of the matter.
Complaints Against the IPS Officer
According to records placed before the Court, Rahman faced multiple allegations during his service.
These included:
- Allegations of torturing a person in 2014.
- Contracting a second marriage in 2016 without obtaining the consent of his first wife.
- Delivering a public speech in 2019 allegedly in violation of service conduct rules.
- Subsequent disciplinary proceedings related to his participation in anti-CAA protests.
The Court did not examine the merits of these allegations but emphasized that the Centre must properly evaluate all relevant facts before arriving at a decision on his retirement request.
Who Is IPS Officer Abdur Rahman?
Abdur Rahman is a former 1997 batch Indian Police Service (IPS) officer of the Maharashtra cadre who served the state police force for more than two decades before emerging as a prominent public voice on issues related to governance, constitutional values, minority rights, and social justice.
Born on January 8, 1973, in West Champaran district of Bihar, Rahman comes from a farming family.
Educational Background
Rahman completed his schooling at Bipin High School in Bettiah and later pursued higher studies in Patna.
He graduated with a Bachelor of Technology (B.Tech) degree in Civil Engineering from the Indian Institute of Technology (IIT) Kanpur in 1995 before qualifying for the Civil Services Examination.
Career in the Indian Police Service
Rahman joined the Indian Police Service on September 7, 1997, and was allotted the Maharashtra cadre.
Over a policing career spanning more than 22 years, he held several important assignments across Maharashtra.
His major postings included:
Assistant Superintendent of Police, Latur
One of his earliest assignments after joining the service.
Superintendent of Police
He served in districts such as:
- Dhule
- Yavatmal
- Chandrapur
During his tenure in Dhule, he reportedly led several anti-dacoity operations targeting criminal gangs operating along national highways.
Principal, Police Training School, Solapur
Rahman later headed the Police Training School in Solapur, contributing to police training and capacity building.
Additional Commissioner of Police, Pune
He served as Additional Commissioner of Police (Administration) in Pune City Police.
Inspector General of Police
His final posting in service was as Special Inspector General at the Maharashtra State Human Rights Commission (MSHRC).
Resignation During Citizenship Amendment Act Protests
Rahman gained national attention in December 2019 after publicly opposing the Citizenship Amendment Act (CAA).
On December 11, 2019, shortly after the Citizenship Amendment Bill was passed in Parliament, he announced his resignation from service, describing the legislation as unconstitutional and discriminatory.
He stated that his decision was an act of “civil disobedience” and a protest against what he viewed as a threat to India’s pluralistic and secular character.
However, by that time, his earlier request for voluntary retirement was already under consideration and later became the subject of legal disputes.
Long Legal Battle Over Retirement Status
Following the rejection of his VRS application, Rahman challenged the government’s decision before judicial forums.
The dispute continued for several years, creating uncertainty regarding his formal separation from government service.
The Supreme Court’s latest order does not automatically grant voluntary retirement but requires the Central Government to reassess the application and take a reasoned decision after examining all relevant facts and subsequent developments.
Author, Public Speaker and Social Activist
After stepping away from active policing, Rahman increasingly focused on public engagement, research, and writing.
He has authored several books examining issues related to governance, social inclusion, and political representation.
His notable works include:
Denial and Deprivation: Indian Muslims after the Sachar Committee and Ranganath Mishra Commission Reports
A study examining socio-economic challenges faced by Indian Muslims.
Absent in Politics and Power: Political Exclusion of Indian Muslims
An analysis of minority representation in political institutions.
Communal Crimes and National Integration
A work exploring governance, communal harmony, and national integration.
Brief Foray into Electoral Politics
Ahead of the 2024 Lok Sabha elections, Rahman briefly entered electoral politics.
He was announced as a candidate for the Dhule parliamentary constituency by the Vanchit Bahujan Aghadi (VBA), led by Prakash Ambedkar.
However, legal uncertainty surrounding his retirement status reportedly affected his candidature, and he did not emerge as a major electoral contender.
What Happens Next?
Following the Supreme Court’s ruling, the Ministry of Home Affairs will now be required to conduct a fresh examination of Abdur Rahman’s voluntary retirement application.
The Centre has been given three months to take a final decision after considering the original allegations, subsequent charge sheets, and the prolonged pendency of disciplinary proceedings.
The outcome of the review will determine whether Rahman’s long-pending request for voluntary retirement is finally accepted or rejected once again after detailed scrutiny.
