3 weeks ago
Patna court reinstates RPF constables sacked over murder-accused support
This story is about two constables who worked for the Railway Protection Force, a group that guards trains and railways in India.
In 2018, another constable named Arjun Deshwal was accused of hurting a senior officer, Assistant Commandant Mukesh Chand Tyagi.
Some people shared messages and posts asking for money to help Deshwal.
One constable, Karam Jeet, gave 1,000 rupees, while the other, Kamlesh Kumar Yadav, asked friends to give 200 rupees each.
When their bosses found out, both constables were fired for breaking the rules.
The constables said they were sorry and that they had acted because they were influenced by what they saw online.
They went to court, and a judge named Justice Harish Kumar heard their case.
The judge said losing their jobs was too harsh a punishment for what they had done.
He also said they did not get a fair chance to defend themselves during the disciplinary process.
So the court ordered the Railway Protection Force to give them their jobs back, with a smaller punishment instead.
The Patna High Court reinstated two Railway Protection Force (RPF) constables, Karam Jeet and Kamlesh Kumar Yadav, who were removed from service on January 11, 2019.
Karam Jeet had transferred Rs 1,000 via the BHIM App to fellow constable Arjun Deshwal, accused of killing Assistant Commandant Mukesh Chand Tyagi on February 25, 2018.
Kamlesh Kumar Yadav had shared a Facebook post seeking Rs 200 contributions and providing bank account details for Deshwal.
Justice Harish Kumar held that removal from service was 'grossly disproportionate', noting the constables were denied a fair hearing and treated unequally under Article 14 of the Constitution of India.
The court set aside the removal, appellate, revisional and mercy orders, directing the RPF to reinstate both constables with the same minor penalty given to similarly situated co-delinquents.
- Who
- Justice Harish Kumar of the Patna High Court ruled in favour of RPF constables Karam Jeet and Kamlesh Kumar Yadav, who had been removed from service.
- What
- The court reinstated the two constables, declaring their removal 'grossly disproportionate' and in violation of natural justice.
- Where
- The ruling was issued by the Patna High Court; the original incident occurred during election duty in Meghalaya.
- When
- Judgment was delivered on August 6; the constables were removed from service on January 11, 2019, following the February 25, 2018 killing.
- Why
- The court found the punishment excessive compared with similarly situated personnel, and that the petitioners were denied a fair hearing and treated unequally.
RPF Authorities
Patna High Court
Proportionality of Punishment
RPF Authorities
The RPF removed the constables after they admitted contributing financial support to a fellow constable accused of murder, viewing this as a breach of discipline and incitement of disaffection within the force.
Patna High Court
The court ruled that removal was grossly disproportionate to the admitted misconduct, since the constables only made nominal contributions after being emotionally influenced by social media material and were not accused of violence, mutiny or obstructing duties.
Fairness of Disciplinary Process
RPF Authorities
The RPF assistant commandant was empowered to initiate disciplinary proceedings, and both constables admitted making the contributions during the departmental enquiry.
Patna High Court
The court found the petitioners were denied an effective opportunity to make representations and were taken by surprise at the final stage, so the procedure was arbitrary and violated principles of natural justice.
Equality Before Law
RPF Authorities
The RPF imposed dismissal on these constables while handling their disciplinary cases.
Patna High Court
The court noted several other RPF constables facing substantially similar allegations from the same incident had their punishments reduced during appellate proceedings and were reinstated, making the dismissal discriminatory under Article 14 of the Constitution of India.
Key facts
- Court
- Patna High Court
- Presiding Judge
- Justice Harish Kumar
- Petitioners
- Karam Jeet and Kamlesh Kumar Yadav, RPF constables
- Incident Date
- February 25, 2018
- Removal Date
- January 11, 2019
- Alleged Support
- Rs 1,000 transfer via BHIM App; Facebook post seeking Rs 200 contributions
- Court Ruling
- Reinstatement with the same minor penalty given to co-delinquents
Quotes
Justice Harish Kumar
Patna High Court Judge
“The punishment of removal from service is grossly disproportionate to the misconduct established against the petitioners and shocks the conscience of this Court…”
indianexpress.com
“The procedure adopted, therefore, suffers from the vice of arbitrariness and cannot be sustained in law.”
indianexpress.com
Sources
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