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Supreme Court of India 2024-01-18 dismissed

The State of Assam and others vs Binod Kumar and others

Bench: 2 — Aniruddha Bose, Sanjay Kumar

In Brief

The State of Assam challenged a High Court judgment invalidating Rule 63(iii) of the Assam Police Manual, which required the Deputy Commissioner to initiate performance reports (ACRs/APARs) of District Superintendents of Police, who are Indian Police Service officers. The Supreme Court upheld the High Court's decision, holding that the rule violated the Assam Police Act, 2007, and Union-wide service rules. The Court found that performance authorities must belong to the same department, the Deputy Commissioner lacks authority to assess internal police matters, and an SP can dispute the Deputy Commissioner's directives—making assessment by that same officer potentially biased. The Court affirmed that modern police administration vests authority in the SP, not the Deputy Commissioner, making the archaic rule incompatible with current law.

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Police Administration Public Service Law All India Services Statutory Interpretation Administrative Law Service Rules Discipline and Conduct Separation of Powers

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