THE JHARKHAND STORY DESK
NEW DELHI, May 27: The Supreme Court has held that the Central Government must consider and engage with the views of the State Government before rejecting voluntary retirement (VRS) applications of All India Services officers.
The court observed that although approval of the Central Government is mandatory for VRS under All India Services rules, such power cannot be exercised arbitrarily or without examining the State Government’s recommendation.
SC sets aside Bombay HC, CAT orders
A bench of Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe set aside the decisions of the Bombay High Court and the Central Administrative Tribunal (CAT), which had upheld the Centre’s rejection of a Maharashtra cadre IPS officer’s VRS plea.
The court found that the Central Government rejected the officer’s request without proper application of mind and failed to adequately consider the State Government’s recommendation supporting voluntary retirement.
“There is no gainsaying about the position that a request for VRS by a member of the service mandatorily requires acceptance of the Central Government,” the court observed.
However, it added that the Centre’s discretionary power “cannot be without engagement with views expressed by the State Government.”
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State government’s opinion carries weight: SC
The Supreme Court said the State Government’s recommendation carries persuasive value because it directly supervises the officer and handles disciplinary proceedings.
“Though not bound by the recommendation of the State Government, its opinion does carry weight and persuasive value,” the bench observed.
The court also held that the Centre cannot form an opinion unsupported by material available on record.
IPS officer’s VRS rejected despite state recommendation
The case involved a Maharashtra cadre IPS officer whose third VRS application, submitted on August 1, 2019, was rejected by the Ministry of Home Affairs on October 25, 2019.
The Centre cited pending or contemplated disciplinary proceedings and stated that the officer was “not clear from vigilance angle.”
However, the Maharashtra Government had recommended acceptance of the VRS application, noting that no chargesheet had been issued and no major penalty was likely.
Supreme Court orders fresh review
Allowing the appeal, the Supreme Court held that the Centre’s order suffered from “non-application of mind” and failed to explain why the State Government’s assessment was ignored.
The court also criticised delays in disciplinary proceedings and directed the Central Government to reconsider the IPS officer’s VRS application afresh.