Deputy Commissioner Would Not Be Competent To Assess the Overall Performance of the SP ( (District Superintendents of Police)

From the interpretation of the All India Services (Confidential Rolls) Rules 1970 and All India Services ( Performance Appraisal Report) Rules 2007 and various circulars issued by the Government of India, it is apparent that:-

1. Reporting Authority should be in a higher grade of pay than the officer reported upon.

2. Reporting, reviewing, and accepting authorities ought to be from the same service / department.

3. Deputy Commissioner Would Not Be Competent To Assess the Overall Performance of the SP ( (District Superintendents of Police) consequently Deputy Commissioner cannot to be the Reporting Authority to initiate Annual Confidentiality Reports (ACR’s) / Annual Performance Appraisal Reports (APAR’s) of Indian Police Service Officers.

The Supreme Court has clarified the aforesaid issue in the case titled The State of Assam And Others. Versus Binod Kumar And Others (Civil Appeal No 1933/2023).