KOLKATA: The dismissal of an RPF constable - whose comment on a Facebook group post allegedly eulogized a constable for gunning down his senior during the 2018 Meghalaya election - was reversed by Calcutta HC on Wednesday on the ground that he did not receive a fair hearing.
The RPF was asked to conduct proper disciplinary hearings within eight weeks, given the fact that the constable denied making the comment. The constable, deployed at Purulia under South Eastern Railway before his dismissal, moved the bench of Justice Raja Basu Chowdhury against the order dismissing him from service on May 2, 2018, and the appellate authority order upholding the same on Aug 1.
An assistant commandant of Railway Protection Special Force, M C Tyagi, was shot dead by a constable of his own company while he was deployed on election duty in Meghalaya. The dismissed constable was accused of making certain "objectionable" comments on the incident, which the RPF alleged led to the spread of hatred amongst the ranks. He was suspended on March 28, 2018.
In response to a post on a Facebook group, 'RPF Mutual Transfer', the accused constable allegedly commented: "Is bhai ko RPF taraf se salute ... ab des me sanik vidroh phir se karna ho ga ap sahamat hai to sear ka res post ko..."
Souvik Nandi, senior advocate representing the centre, submitted: "The disciplinary authority was of the view that... if departmental action is delayed further, then the delinquent constable's conduct will lead to hooliganism."
The judge held that initiating the departmental action without delay cannot form a ground for dispensing with a departmental inquiry in the ordinary manner. "Merely recording a one-liner satisfaction without there being any reasons for such satisfaction does not authorise invoking of special powers under Rule 161(ii). Nothing has been identified in order to show that the satisfaction to dispense with the enquiry is based on objective criteria," he observed.
The RPF was asked to conduct proper disciplinary hearings within eight weeks, given the fact that the constable denied making the comment. The constable, deployed at Purulia under South Eastern Railway before his dismissal, moved the bench of Justice Raja Basu Chowdhury against the order dismissing him from service on May 2, 2018, and the appellate authority order upholding the same on Aug 1.
An assistant commandant of Railway Protection Special Force, M C Tyagi, was shot dead by a constable of his own company while he was deployed on election duty in Meghalaya. The dismissed constable was accused of making certain "objectionable" comments on the incident, which the RPF alleged led to the spread of hatred amongst the ranks. He was suspended on March 28, 2018.
In response to a post on a Facebook group, 'RPF Mutual Transfer', the accused constable allegedly commented: "Is bhai ko RPF taraf se salute ... ab des me sanik vidroh phir se karna ho ga ap sahamat hai to sear ka res post ko..."
Souvik Nandi, senior advocate representing the centre, submitted: "The disciplinary authority was of the view that... if departmental action is delayed further, then the delinquent constable's conduct will lead to hooliganism."
The judge held that initiating the departmental action without delay cannot form a ground for dispensing with a departmental inquiry in the ordinary manner. "Merely recording a one-liner satisfaction without there being any reasons for such satisfaction does not authorise invoking of special powers under Rule 161(ii). Nothing has been identified in order to show that the satisfaction to dispense with the enquiry is based on objective criteria," he observed.
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