Disciplinary actions must adhere to established procedural rules; lack of conclusive evidence for original charges invalidates imposed penalties.

JUDGMENT :

1.The entire sequence of events culminating in the imposition of the penalty of removal from service upon the writ petitioner/respondent by the Railway Protection Special Force (in short, RPSF), appears to be an instance of procedural and substantive error.

2. It is necessary to set out the factual narrative beginning with the charge framed against the respondent. The charge framed against the respondent is as follows:

“ARTICLE OF CHARGE

Shri Ghanshyam Datt Meena CT/04SF1521397 of “D' Coy, 4BN/RPSF/NJP is charged for serious breach of discipline, violation of lawful orders and discreditable conduct prejudicial to the discipline of the Force in that:-

Shri Ghanshyam Datt Meena CT/04SF1521397 of “D' Coy, 4BN/RPSF/NJP Illegal and undesirable comments in social Media i.e. in Facebook. “AC M.C. TYAGI SE CHUTTI MANGNE PER GALI BHI DIYA THA”, pertaining of passing of objectionable and illegal comments on the Facebook/social media in connection with the post killing period of Shri M.C. Tyagi AC/6BN/RPSF/DBSI. Report reveals that CT/Yogendra Singh Koyar, RPF/WCR did initial post on Facebook/Tiger conversation upload & video clip at 06:21 hrs on the day of assassinate in and like most of derogatory comments against deceased A.C.

Therefore contravened Rule 146.4 & 146.6 (i) of RPF Rules-1987 and committed the offence of Rule-147.1 (ii) of RPF Rules- 1987.”

3. It is also necessary to reproduce the statement of imputation of misconduct against the respondent.

“STATEMENT OF ALLEGATION:-

On 25.2.2018 an unnatural and unexpected incident occurred at ’C’ Coy 6BN/DBSI, while deployed in election duty at Meghalaya in which Shri M C Tyagi AC/6BN/RPSF/DBSI was shot dead by CT/Arjun Deshwal of ’C’ Coy of 6BN/RPSF/DBSI by using his service weapon. After the death of Shri M.C. Tyagi, AC/6BN/RPSF/DBSI, CT/Yogendra Singh Koyar, RPF/WCR did initial post in Face book/Tiger conversation

"ASC/M.C.Tyagai at Meghalaya Ko Goli Mar Di Gayi and died by Constable-Arjuna Deshwal, 6BN A-Coy, RPSF by AK 47" 13 Round fired, one other Constable-Jogendra also injured".

In this conversation CT/Ghanshyam Datt Meena CT/04SF1521397 of “D' Coy, 4BN/RPSF/NJP has been passed his comments.

“AC M.C. TYAGI SE CHUTTI MANGNE PER GALI BHI DIYA THA”

In this regard Sri Kalyan Deori IPF/HQr has been nominated vide this office letter No. 4BN/Conf/M.C Tyagi/Matter/2018-1303 dated 12/4/2018 for enquiry in to the facts findings and submitted the reports vide L/No. 4BN/HQ/13/2018-700 dated 14/4/2018. Ghanshyam Datt Meena CT/04SF1521397 of “D” Coy, 4BN/RPSF/NJP has been identified by his photograph display has been involved by posting illegal and undesirable comments in Facebook just after assassination of A.C/ M.C. Tyagi 6BN/RPSF/DBSI, CT/Yogendra Singh Koya, CT/RPF/WCR, who initiated this post on 26.02.2018. However, he has not accepted the allegation.

The aforesaid act is clear violation of RPF rules 1987, and is a discreditable conduct affecting the image and reputation of the Force, He has sympathized with a fellow constable Arjun Deshwal of ’C’ Coy 6th Battalion who has committed cold blooded murder of his superior officer Late Mr. M.C.Tyagi AC/ C coy 6th BN on 25.02.2018 against whom a case has been registered by PS Mawkyrwat case No. 5(2) 18 U/S302/326 IPC.

Such posting illegal and undesirable comments in Face book/Social Media, supporting & sympathizing the act of CT/Arjun Deshwal "who had murdered his superior officer brutally in a cold blooded manner" amounts to creation of dissatisfaction in the force, there by attempting to break the integrity of a highly disciplined Force. As well as tarnishing the image of the Force.

Such act on the part of Shri Ghanshyam Datt Meena CT/04SF1521397 of “D' Coy, 4BN/RPSF/NJP, tantamount to serious breach of discipline, moral turpitude & act of tarnishing the image of the Force.

Hence charged.”

4. Accordingly, an enquiry was conducted. The said enquiry report dated December 27, 2018 did not record any specific finding establishing the guilt of the resp