LexSTATE OF ASSAM AND OTHERS versus BINOD KUMAR AND OTHERS
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* Author [2024] 1 S.C.R. 473 : 2024 INSC 44 The State of Assam and Others v. Binod Kumar and Others (Civil Appeal No. 1933 of 2023) 18 January 2024 [Aniruddha Bose and Sanjay Kumar*, JJ.] Issue for Consideration Rule 63(iii) of the Assam Police Manual, which dates back to a point of time when the Police Act, 1861, was in force, can be said to be still valid and lawful in the framework of the Assam Police Act, 2007 and the 2007 Rules relating to preparation of ACRs/ APARs of IPS Officers in the rank of Superintendents of Police . Headnotes Service law – Assam Police Manual – r. 63(iii) – Assam Police Act, 2007 – s. 14(2) – Reporting Authority, entitled to initiate Annual Confidential Reports (ACRs)/Annual Performance Appraisal Reports (APARs) of Indian Police Service (IPS) Officers working as District Superintendents of Police (SPs) in the State of Assam – Assessment initiated by the Deputy Commissioner, as the ‘Reporting Authority’, if lawful – r. 63(iii), if violative of s. 14(2): Held: 1970 Rules/2007 Rules define reporting, reviewing and accepting authorities to mean that they must all be from the same service or department, intervention by the Deputy Commissioner during the exercise of performance assessment of SPs of the districts in the State of Assam, by virtue of r. 63(iii), cannot be accepted, being in direct conflict therewith, and would tantamount to permitting the Deputy Commissioner to interfere with the internal organization of the police force, which would be contrary to the mandate of s.14(2) – It cannot be said that the Deputy Commissioner is the most suitable person to assess the performance of the SP, as he works under his control and direction – Clause 6 in r. 3 relating to appraisal by the ‘Reporting Authority’, Law and Order is only one of the twenty named domains within the purview of 474 [2024] 1 S.C.R. Digital Supreme Court Reports the Deputy Commissioner, thus, the Deputy Commissioner would not even be competent to assess the overall performance of the SP – Furthermore, the Circular issued by the Government of India stipulated that the ‘Reporting Authority’ should be in a higher grade of pay than the officer reported upon – State Governments must ensure that a member of the service does not initiate the Confidential Report of another member of the service in the same grade of pay – Thus, r. 63(iii) does not fit in with the scheme obtaining under the 1970 Rules and the 2007 Rules – Conclusion by the High Court, that the r. 63(iii) which prescribes that such assessment should be initiated by the Deputy Commissioner concerned, as the ‘Reporting Authority’ is invalid on the ground that it is in direct conflict with s.14(2), is upheld – Circular No. 11059/4/89-AIS.III, dated 28.12.1990. [Paras 16, 18, 19, 23, 25-27] Assam Police Act, 2007 – s. 14(1) and (2) – Harmonious construction of the provisions: Held: On a plain reading, s. 14(1) and s. 14(2) appear to be in derogation of each other, inasmuch as s.14(1) vests the Deputy Commissioner with control over the SP but s. 14(2) makes it clear that such control would not extend to the Deputy Commissioner interfering with the internal organization or discipline within the police force in the district – These provisions must be harmoniously construed by restricting the power vesting in the Deputy Commissioner u/s. 14(1), by duly carving out what has been excepted u/s. 14(2) – Such harmonious construction necessary to give effect to both provisions, so that they operate without conflict. [Para 21] Case Law Cited Dharani Sugars and Chemicals Limited vs. Union of India and others [2019] 6 SCR 307:(2019) 5 SCC 480; Kanai Lal Sur vs. Paramnidhi Sadhukhan [1958] SCR 360:AIR 1957 SC 907; S. Gopal Reddy vs. State of A.P. [1996] 3 Suppl. SCR 439:(1996) 4 SCC 596; Sultana Begum vs. Prem Chand Jain [1996] 9 Suppl. SCR 707:(1997) 1 SCC 373; State Bank of India and others vs. Kashinath Kher and others (1996) 8 SCC 762 – referred to. [2024] 1 S.C.R. 475 The State of Assam and Others v. Binod Kumar and Others State of Haryana vs. P.C.Wadhwa, IPS, Inspector General of Police and another [1987] 2 SCR 1030:(1987) 2 SCC 602 – relied on. Books and Periodicals Cited Sir Rupert Cross. ‘Statutory Interpretation 3rd Edition, 1995 – referred to. List of Acts Assam Police Manual; Assam Police Act, 2007; All India Services (Confidential Rolls) Rules, 1970; All India Services (Performance Appraisal Report) Rules, 2
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