IMPORTANT POINTS
(1) IPS Officers, being members of an All India Service, would be amenable to 2007 Rules – Merely because they are deployed/deputed to work in State of Assam, IPS Officers cannot be denied benefit of All India Services (Performance Appraisal Report) Rules, 2007 which would be applicable across board to their ilk serving all over country – It would be incorrect to castigate such IPS Officers as insisting upon a ‘Reporting Authority’ of their choice.
(2) Statutory provision has to be considered first and foremost as a norm of current legal system whence it takes force.

JUDGMENT :

SANJAY KUMAR, J.

1. By judgment dated 05.12.2017, the Gauhati High Court allowed W.P. (C) No. 4752 of 2015 and held Rule 63(iii) of the Assam Police Manual invalid on the ground that it is in direct conflict with Section 14(2) of the Assam Police Act, 2007. This judgment is called in question by the State of Assam and its officials in the Home Department.

2. While ordering notice on 07.01.2019, this Court directed that no coercive steps should be taken against the appellants on the basis of the impugned judgment. On 21.03.2023, this Court issued notice to the learned Attorney General for India, being of the opinion that his presence was necessary for effective adjudication of this appeal.

3. The core controversy in this case is as to who should be the ‘Reporting Authority’ 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. More particularly, the issue is whether Rule 63(iii) of the Assam Police Manual (for brevity, ‘the Manual’), which prescribes that such assessment should be initiated by the Deputy Commissioner concerned, as the ‘Reporting Authority’ is lawful. The specific ground successfully urged before the High Court by the respondents herein, viz. IPS Officers working as SPs in the State of Assam, is that this Rule is violative of Section 14(2) of the Assam Police Act, 2007 (for brevity ‘the Act of 2007’).

4. It would be apposite at this stage to note the tone and tenor of the relevant statutory provisions. Rule 63(iii) of the Manual, in the context of initiation of the ACR/APAR of a SP of a district, reads as follows:

“(iii) Superintendent of Police - the report should be initiated by Deputy Commissioner, reviewed by the Deputy Inspector General of Police i/c Range and sent to the Commissioner of Division. The Commissioner of Division will send the same with his opinion to the Inspector General of Police for acceptance.

The Inspector General of Police shall refer the report to the Deputy Inspector General of Police, S.B. for recording his remarks regarding performance of the Superintendent of Police of the District in subjects pertaining to the S.B.”

Section 14 of the Act of 2007 reads thus:

“14. Relationship of Superintendent of Police with District Magistrates:

(1) The administration of the Police throughout the local jurisdiction of the Magistrate is vested in the Superintendent of Police under the general control and direction of the Deputy Commissioner as District Magistrate. The latter is responsible for keeping peace and maintenance of law and order in a district and may employ the police as he thinks best for the purpose.

(2) The Deputy Commissioner as District (sic.) Magistrate has however, no authority to interfere in the internal organization and discipline of the Police force, but it is his duty to bring to the notice of the Superintendent of Police, all cases in which the conduct of and qualification of Police Officer affect the general administration of a district.”

5. As IPS Officers belong to an ‘All India Service’ it would be pertinent to note the provisions of the All India Services (Confidential Rolls) Rules, 1970 (for brevity ‘the 1970 Rules’), which were thereafter replaced by the All India Services (Performance Appraisal Report) Rules, 2007 (for brevity, ‘the 2007 Rules’), in the context of the mode and method of preparation of ACRs/APARs of IPS Officers in the rank of SPs. Rules 2(e), 2(f) and 2(a) of the 1970 Rules defined ‘Reporting Authority’ or ‘Reviewing Authority’ and ‘Accepting Authority’ respectively, apropos preparation of ACRs/APARs. These Rules read as under:

“2(e) ‘reporting authority’ means the authority who was, during the period for which the confidential report is written, immediately superior to the member of the service and such other authority as may be specifically empowered in this behalf by the Government.

2(f) ‘reviewing au