Patna High Court reinstates 2 RPF constables sacked over ‘support’ to murder accused colleague

“The punishment of removal from service is grossly disproportionate to the misconduct established against the petitioners and shocks the conscience of this Court…The procedure adopted, therefore, suffers from the vice of arbitrariness and cannot be sustained in law,” the court said on August 6, directing the RPF authorities to reinstate both constables.

The case arose from the February 25, 2018 killing of Assistant Commandant Mukesh Chand Tyagi, allegedly by fellow RPSF constable Arjun Deshwal during election duty in Meghalaya. The incident sparked the circulation of messages, photos and videos supporting Deshwal on social media, leading to disciplinary action against several RPSF personnel.

Justice Harish Kumar said that the two RPSF constables were denied a fair hearing, treated unequally and ordered their reinstatement. (Image enhanced using AI)

Contributions, action

According to the RPF authorities, Karam Jeet transferred Rs 1,000 through the BHIM App from his salary account towards supporting Deshwal, while Kamlesh Kumar Yadav shared a Facebook post asking his friends to contribute Rs 200 each and providing bank account details for the donations. During the departmental enquiry, both admitted making the contributions.

Charge memoranda issued on April 10, 2018, accused them of breaching discipline, promoting indiscipline within the force and inciting disaffection among its members in violation of the Railway Protection Force Act, 1957, the Police (Incitement to Disaffection) Act, 1922 and the Railway Protection Force Rules, 1987.

In their defence, the railway constables said they had acted after becoming emotionally influenced by material circulating on social media. Karam Jeet said the Rs 1,000 was credited back to his account the very next day. Kamlesh Kumar Yadav said he deleted the Facebook post after realising his mistake. Both expressed remorse and sought mercy, maintaining they had no personal connection with Deshwal.

Despite their explanation, they were removed from service on January 11, 2019. Their appeals, revision petitions and mercy petitions were rejected, leading them to approach the high court.

Disciplinary process unfair

The court held that while the RPF assistant commandant was empowered to initiate disciplinary proceedings, fairness required the competent authority proposing to impose a major penalty to provide the petitioners with an effective opportunity to make their representation.

“The petitioners were effectively taken by surprise at the final stage of the proceedings, without being afforded an opportunity of hearing before the competent authority on the question of the proposed major penalty,” the court observed.

Holding that the process of the RPF removing them violated principles of natural justice, Justice Kumar added, “The procedure adopted, therefore, suffers from the vice of arbitrariness and cannot be sustained in law.”

Unequal treatment

• The high court also found that several other RPF constables facing substantially similar allegations arising out of the same incident had their punishment reduced during appellate proceedings and were reinstated.
• “The constitutional guarantee of equality before law extends even to persons found guilty in disciplinary proceedings, and any unjustified discrimination in the matter of punishment would render the decision vulnerable to challenge under Article 14 of the Constitution of India,” the court said.
• Justice Kumar noted that the RPF constables had merely contributed nominal amounts after being emotionally influenced by social media material.
• There was no allegation that they had participated in violence, incited mutiny, disobeyed lawful commands or obstructed official duties.
• In these circumstances, the court held that removing the RPF constables from service was excessive and disproportionate.
• “Such a course would not only meet the ends of justice but would also ensure parity and uniformity in the matter of punishment amongst similarly situated members of the disciplined Force,” the court said while allowing both writ petitions.

Instead of sending the matter back for fresh consideration, the high court set aside the removal orders of the RPF constables as well as the appellate, revisional and mercy orders, observing that the petitioners had already remained out of service since January 2019. It directed the Railway authorities to reinstate both constables and impose on them the same minor penalty awarded to similarly situated co-delinquents.