Madras High Court Quashes Charge Sheet Against Retired RPF Officer
Court Rules RPF Act and Rules Govern Disciplinary Proceedings; Cites Minor Infraction and Delays
In a significant ruling, the Madras High Court quashed a charge sheet against K. Muniyandi, a retired Head Constable of the Railway Protection Force (RPF), emphasizing that members of the RPF are governed exclusively by the Railway Protection Force Act, 1957, and the Railway Protection Force Rules, 1987. The court highlighted the inapplicability of the Railway Servants (Discipline and Appeal) Rules, 1968, to RPF personnel.
The Division Bench of Justices C.V. Karthikeyan and R. Vijayakumar delivered the judgment, which stemmed from a writ appeal filed by the Divisional Security Commissioner and Disciplinary Authority, challenging the earlier decision of a learned Single Judge. The Single Judge had quashed the charge sheet issued to Muniyandi, citing procedural violations under Rule 9(7) of the Railway Servants (Discipline and Appeal) Rules, 1968.
The court clarified that disciplinary actions against RPF members must adhere strictly to the RPF Act and Rules. The charge sheet, issued on November 3, 2018, accused Muniyandi of deserting his duty post and engaging in an altercation with a superior officer on March 16, 2018. However, the court noted the seven-month delay in issuing the charge sheet and deemed the infraction minor, questioning the seriousness of the allegations.
Muniyandi, who had served since 1997 and retired recently, was also an office bearer of the All India Railway Protection Force Association. His presence at an inauguration event, which led to the charges, was attributed to grievances about the exclusion of Association members from the function.
In its ruling, the court directed that all disciplinary proceedings against Muniyandi be dropped and ordered the release of his monetary benefits within 12 weeks, acknowledging his retirement and the minor nature of the alleged misconduct.
Bottom Line:
Railway Protection Force Act, 1957 and Railway Protection Force Rules, 1987 exclusively govern members of the Railway Protection Force; Railway Servants (Discipline and Appeal) Rules, 1968 are inapplicable. Charge sheet quashed due to minor infraction, unexplained delay, and retirement of the petitioner.
Statutory provision(s): Railway Protection Force Act, 1957, Railway Protection Force Rules, 1987, Railway Servants (Discipline and Appeal) Rules, 1968
