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

The SC overruled a home ministry decision denying Maharashtra IPS officer Abdur Rahman's voluntary retirement, citing inadequate examination of complaints.

Published on: May 27, 2026, 07:04:01 IST

By Utkarsh Anand, New Delhi

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The Supreme Court on Tuesday set aside 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.

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ABOUT THE AUTHOR
Utkarsh Anand
Utkarsh Anand is the National Legal Editor at Hindustan Times, where he leads the newspaper's coverage of the Supreme Court, constitutional law, the judiciary and the Union law ministry. He joined Hindustan Times in 2020 after stints at Press Trust of India (PTI), The Indian Express and CNN-News18, and has over two decades of experience reporting on law, governance and public policy. His work has focussed on some of India's most consequential constitutional and legal developments, including the Supreme Court's judgments on Article 370, marriage equality, decriminalisation of homosexuality, the Babri Masjid dispute, electoral reforms and judicial appointments. He specialises in making complex legal proceedings and judgments accessible to readers while examining their wider social and political impact. Beyond daily reportage, Utkarsh has led investigative projects and enterprise reporting that have shaped public debate and prompted institutional responses. His work has received several journalism awards, including the Ramnath Goenka Excellence in Journalism Award. As National Legal Editor, he has also played a key role in expanding Hindustan Times' legal journalism footprint, mentoring reporters and strengthening coverage across platforms. A Chevening South Asia Journalism Programme Fellow, Utkarsh regularly writes analyses on the judiciary and constitutional issues, and his reporting is widely followed by lawyers, judges, policymakers, academics and readers seeking clarity on India's evolving legal landscape.Read More

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