Delhi High Court Quashes Disciplinary Proceedings Against RPF Officer

Lack of Conclusive Evidence Leads to Reinstatement with Full Benefits

In a significant judgment, the Delhi High Court has quashed the disciplinary proceedings against Robin Gautam, a Railway Protection Force (RPF) officer accused of posting objectionable comments on social media, and ordered his reinstatement with full service benefits. The court found a lack of conclusive proof linking the social media account and the alleged comments to Gautam, leading to a miscarriage of justice.

The case arose from a memorandum issued on April 26, 2018, under Rule 153 of the Railway Protection Force Rules, 1987, against Gautam. The accusation centered around a Facebook comment "Badhiya Kiya Bhai" ("Well done, brother") in response to a post about the killing of an RPF officer by another officer. This comment was alleged to have been made from Gautam's account, which reportedly contained his photograph.

Despite the inquiry officer finding no conclusive proof that the account belonged to Gautam, the disciplinary authority concluded that Gautam appeared guilty and imposed a penalty of withholding his next annual increment for five years. Subsequently, the Chief Security Commissioner enhanced the penalty to removal from service, a decision upheld by the appellate authority.

The High Court, in its detailed judgment, criticized the lack of application of mind by the disciplinary and appellate authorities. It noted that neither authority considered the lack of conclusive evidence, which was acknowledged by the inquiry officer and the disciplinary authority. The court emphasized that, without proof that the Facebook post originated from Gautam, the proceedings were unjust.

The bench, comprising Mr. C. Hari Shankar and Om Prakash Shukla, JJs, held that there was a complete miscarriage of justice and ordered Gautam's reinstatement with continuity of service and pay fixation. The judgment underscores the necessity for authorities to diligently appraise records and evidence before making decisions impacting individuals' careers.

Bottom Line:

Disciplinary proceedings against a government employee - Allegations based on posting objectionable comments on social media - Absence of conclusive proof that the social media account belonged to the petitioner - Entire proceedings quashed and set aside - Petitioner entitled to reinstatement in service with all benefits.

Statutory provision(s): Rule 153 of the Railway Protection Force Rules, 1987, Rule 219.4 of RPF Rules 1987, Rule-146.4 & 146.6 (1), Rule-147(ii) of RPF Rules-1987, Rule-25 of RPF Rules'1987, Rule-212 of RPF Rules'1987, sub-section 2 of Section-9 of RPF Act'1957.

Robin Gautam v. Union of India, (Delhi)(DB) : Law Finder Doc Id # 2814125