The Delhi High Court has called out the Indian Railways for “acting vindictively” at constables of Railways Protection Special Force (RPSF) who had made “miniscule” monetary contributions for the family of another constable accused of killing an Assistant Commandant of the Force.
A Bench of Justice Rajiv Sahai Endlaw and Justice Amit Bansal said the decision of the Indian Railways “reflect a class divide between the officers and non-officers, with the officers having ganged up to punish a non-officer”.
The case stems from an incident that took place on February 25, 2018 when an Assistant Commandant of the Force, who was deployed for election duty at Meghalaya, was shot dead by one constable of the same company with his service weapon.
After the incident, the RPSF went on a crackdown spree against constables who had posted comments related to the incident on social media platforms. Many constables had posted comments on Facebook allegedly supporting the violent action but later disowned it. They were given varying punishments, ranging from reduction in pay scale to stoppage of annual increments.
Dismissal from service
Before the High Court, two constables — Ravi Kumar and Dharmpal — have challenged a more severe decision of the RPSF to dismiss them from service.
Both Mr. Kumar and Mr. Dharmpal had pursuant to a message on a WhatsApp group of constables of RPSF for rendering help or assistance to the constable accused of killing the Assistant Commandant, contributed ₹100 and ₹10 respectively for the cause.
“Prima facie it appears that the punishment inflicted on the petitioners [Mr. Kumar and Mr. Dharmpal], of dismissal from service, is without any basis and uncalled for, and in any case disproportionate to the act,” the court said.
The High Court said: “The respondent Indian Railways seem to be blind to the fact that even if the colleague of the petitioners had committed a wrong, he had a family behind him, and if the petitioners, as colleagues made a miniscule monetary contribution to aid the family or even the colleague in distress, the same cannot be a ground for inflicting harsh punishment of dismissal from service.”
“The act of the petitioners of giving such miniscule financial aid to a colleague, even if guilty of a heinous offence, cannot convert petitioners as abettors in the said offence and does not show the petitioners as supporting any illegality,” the High Court said.
The court has asked the Indian Railways if it was “willing to reconsider its decision of dismissal of the petitioners from service”.
“The respondent Indian Railways, by acting in such a manner, appears to be acting vindictively and trying to prevent the constable accused of killing an officer, a fair chance of defending the proceedings initiated against himself,” the court added.
Other contributors
Advocate Sachin Chauhan, representing the two constables, contended that besides his clients, some other constables also made financial contributions to the same cause but have been meted with different punishments.
Taking note of this, the High Court directed the Indian Railways to inform how many persons made such financial contributions and what punishments have been meted out to them by the next date of hearing on May 31.
