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THe sublime margaret court on tues go under apart a Union home ministry order rejecting the voluntary retirement request of Maharashtra cadre IPS officer Abdur Rahman, who faced disciplinary action linked to his participation in protests against the Citizenship (Amendment) Act (CAA) protests and other complaints.A bench of justices PS Narasimha and Alok Aradhe held that the Centre failed to properly examine the complaints and disciplinary proceedings cited against Rahman before refusing his exit from service. It directed the Centre to reconsider Rahman’s VRS application afresh within three months under the All India Services (Death-cum-Retirement Benefits) Rules, 1958.Setting aside the July 2024 judgment of the Bombay high court, which had upheld a 2023 order of the Central Administrative Tribunal refusing relief to Rahman, the apex court said the Centre’s power to reject a VRS request was not “unqualified”.“We are of the opinion that the Central Government has not examined the complaints in detail before taking the decision… of not accepting the notice for VRS,” it said.The court also noted that although charge sheets were issued to Rahman in 2020 and 2022, the state government had failed to conclude the disciplinary proceedings even after several years. “In view of the subsequent developments… the Central Government must revisit its decision… and examine the notice for voluntary retirement afresh,” the bench ordered.One of the charges against Rahman related to alleged misconduct for not attending duties from December 2019 and for publicly protesting against the CAA both on social media and through physical participation in demonstrations.The court clarified that Rahman would be free to pursue remedies available in law, including approaching the tribunal again, depending on the fresh decision taken by the home ministry.Ends

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SC sets aside MHA order rejecting IPS officer’s VRS over CAA protests

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