IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri

21.08.2025. Appellate Side

07 AKG Ct. 01 MAT 88 of 2024 Union of India and Ors.

Vs.

Gajanand Meena Mr. Sudipto Kumar Mazumdar, Ld. DSGI Mr. Ajoy Kumar Singhania ..for the appellants Mr. Bikramaditya Ghosh Ms. Angana Rakshit Mr. Ved Rai Mr. Mayank Bhandari Mr. Vivek Saha ..for the respondent 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.

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 Gajanand Meena CT/04SF15212468 of “A‟ 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 Gajanand Meena CT/04SF15212468 of “A‟ Coy. 4BN/RPSF/NJP Illegal and undesirable comments in social Media (Facebook). “BAHUT BADHIYA”, on the Facebook/Social Media in connection with killing Shri M.C. Tyagi AC/6BN/RPSF/DBSI by CT/Arjun Deswal of 6BN/RPSF during election duty in the tate of Meghalaya. CT/Yogendra Singh Koyar, RPF/WCR did initially upload the video clip at 06:21 hrs (Tiger Group) on the day of assassination and like most of derogatory comments against the 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.”

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 upload the video clip at 06:21 hrs (Tiger Group) on the day of assassination with comments that :-

"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 connection CT/04SF15212468-

Gajanand Meena of “A‟ Coy. 4BN/RPSF/NJP has passed his comments “BAHUT BADHIYA” in the social media (Facebook).

In this regard Sri Kalyan Deori IPF/HQr has been nominated as Enquiry Officer vide this office letter No. 4BN/Conf/M.C Tyagi/Matter/2018-1303 dated 12/4/2018 to enquired into the facts and submitted reports vide L/No. 4BN/HQ/13/2018-700 dated 14/4/2018. CT/04SF15212468- Gajanand Meena of “A‟ 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 Koyar, CT/RPF/WCR, who initiated this post on 26.02.2018.

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 illegal 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 Gajanand Meena CT/04SF1521468, of „A' Coy 4BN/RPSF/ NJP, tantamount to serious breach of discipline, moral tu