The Supreme Court on Tuesday set aside a Home Ministry order rejecting the voluntary retirement application of Maharashtra IPS officer Abdul Rehman, who faced disciplinary action linked to his participation in the anti-Citizenship (Amendment) Act (CAA) protests and other complaints.
A bench of Justices PS Narasimha and Alok Aradhe held that the Center had failed to properly examine the complaints and disciplinary proceedings against Rahman before denying him discharge. It directed the Center to reconsider Abdul Rehman’s VRS application again within three months under the All India Services (Retirement and Death Benefits) Rules, 1958.
Notwithstanding a July 2024 ruling by the Bombay High Court, which upheld a 2023 order of the Central Administrative Tribunal refusing to provide relief to Rehman, the apex court said the Centre’s power to reject the VRS application was not “disqualified”.
“We are of the view that the central government did not consider the complaints in detail before taking the decision… not to accept the VRS notification,” she said.
The court also noted that although Rahman was indicted in 2020 and 2022, the state government failed to end the disciplinary proceedings even after several years. “In view of subsequent developments… the central government must reconsider its decision… and examine the voluntary retirement notification afresh,” the court ordered.
One of the charges against Rahman relates to alleged misconduct for failing to attend duties as of December 2019 and publicly protesting against CAA both on social media and through physical participation in demonstrations.
The court explained that Al-Rahman will be free to pursue the remedies available in the law, including going to court again, depending on the new decision taken by the Ministry of Interior.
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