Mumbai, April 10: Emphasising that the Railway Protection Force (RPF) is entrusted with the duty of safeguarding passengers, the Bombay High Court has upheld the removal of a constable accused of misconduct with a woman on a railway platform, holding that such a force cannot tolerate behaviour that undermines public trust.
Court upholds removal from service
A bench of Justices Bharati Dangre and Manjusha Deshpande dismissed a petition by the constable Rajesh Jangid challenging his removal from service following a departmental inquiry, which had already been upheld in appeal and revision. He had challenged the decision of the Disciplinary Authority dated August 14, 2018, imposing a penalty of removing him from service.
Incident captured on video
On June 18, 2018, after completing his duty, Jangid was sitting on a bench next to a woman. A video clip of the incident later went viral, showing an altercation during which another person slapped the constable. Though no complaint was lodged by the woman or any member of the public, CCTV footage and the video clip were available on record.
HC rejects plea over absence of complaint
The petitioner argued that in the absence of a formal complaint, the disciplinary proceedings were without jurisdiction and that his actions were inadvertent. However, the HC rejected this contention, noting that the Railway Protection Force Rules, 1987, allow disciplinary action to be initiated “on receipt of a complaint or otherwise.”
“The Disciplinary Authority deemed it appropriate to initiate an inquiry… and we do not find that merely because the lady did not make a complaint, the inquiry initiated is without jurisdiction,” the bench observed.
Court cites video evidence
After examining the material, including CCTV footage and the video clip, the HC found sufficient basis for the inquiry. It also noted that the petitioner had been provided all relevant evidence and given an opportunity to participate in the proceedings.
Making strong observations after viewing the footage, the bench said, “We clearly noted from the video footage that the act of the petitioner could not be said to be unintentional… he was conscious of the lady sitting next to him and… indulged himself into a despicable act which amounted to outraging the modesty of a woman.”
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Misconduct termed disgraceful
Terming the conduct “disgraceful and definitely immoral,” the bench stressed that a member of a disciplined force, expected to protect passengers, had instead engaged in a shameful act on railway premises while in uniform.
Rejecting the argument that the punishment was disproportionate, the HC held that the penalty of removal from service was justified given the seriousness of the misconduct.
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