The Patna High Court has ordered the Railway Protection Force to reinstate two Railway Protection Special Force constables who were dismissed from service in 2019 after offering small financial contributions and social media support to a colleague accused of murdering a senior officer.
In an order issued on August 6, Justice Harish Kumar set aside the termination of constables Karam Jeet and Kamlesh Kumar Yadav, describing their removal as excessively harsh and legally unsustainable. The court directed railway authorities to restore both personnel to service and apply the same minor penalty given to other staff members involved in similar misconduct.
Court Finds Removal Disproportionate and Arbitrary
Evaluating the disciplinary process, the high court determined that the removal of both constables was grossly disproportionate to the allegations established against them and offended judicial conscience. Justice Kumar noted that the internal proceedings failed to adhere to the principles of natural justice, as the authorities did not give the petitioners a fair hearing or an opportunity to respond before deciding to impose a major penalty.
The judge observed that neither constable was accused of participating in violence, disobeying lawful orders, obstructing official duties, or inciting mutiny. Because the petitioners had been out of work since January 2019, the court opted to modify the penalty directly rather than sending the case back to the department for fresh consideration.
Violation of Parity and Constitutional Rights
The ruling also highlighted a breach of equal treatment under the law. During the hearing, the court found that several other force members facing substantially similar charges from the same incident had their penalties reduced upon appeal and were subsequently reinstated.
Justice Kumar stated that constitutional guarantees of equality under Article 14 apply even to individuals found guilty in disciplinary enquiries. The court held that subjecting these two constables to harsher punishment than their peers constituted unjustified discrimination.
Background of the Social Media Support Case
The disciplinary action stemmed from an incident on February 25, 2018, during election duty in Meghalaya, where Assistant Commandant Mukesh Chand Tyagi was killed, allegedly by RPSF constable Arjun Deshwal. The event triggered a wave of posts, photos, and videos across social media platforms expressing support for the accused officer.
Following the circulation of these messages, departmental enquiries revealed that Karam Jeet had transferred Rs 1,000 from his salary account via the BHIM app to support Deshwal. Meanwhile, Kamlesh Kumar Yadav had published a Facebook post requesting his contacts to donate Rs 200 each, sharing bank account details for the transfers.
Departmental Action and Court Petition
On April 10, 2018, the department issued charge memoranda against both men, alleging violations of the Railway Protection Force Act, 1957, the Police (Incitement to Disaffection) Act, 1922, and the Railway Protection Force Rules, 1987. Charges included breaching discipline, fostering indiscipline within the force, and inciting disaffection.
During the enquiry, both constables admitted to the acts but explained that they were emotionally influenced by online content and maintained no personal relationship with Deshwal. Karam Jeet noted that his transferred money was credited back the following day, while Yadav stated that he deleted the Facebook post after recognizing his error. Both expressed remorse and requested leniency.
Despite their submissions, the department removed both constables from service on January 11, 2019. After departmental appeals, revision petitions, and mercy pleas were turned down, the two constables filed writ petitions before the high court challenging their removal and the subsequent rejection orders.
