HC backs sacking of RPF constable accused of molesting a woman at Kalyan station

MUMBAI: The Bombay High Court has backed the dismissal of a Railway Protection Force (RPF) constable accused of molesting a woman at Kalyan railway station, saying his conduct was “truly deplorable” and that, despite being in uniform and on railway property, he had “dared to indulge into such an act”

MUMBAI: The Bombay High Court has backed the dismissal of a Railway Protection Force (RPF) constable accused of molesting a woman at Kalyan railway station, saying his conduct was “truly deplorable” and that, despite being in uniform and on railway property, he had “dared to indulge into such an act”.

A division bench of justices Bharati Dangre and Manjusha Deshpande dismissed a petition filed by Rajesh Sahadeo Jangid, an RPF constable, challenging disciplinary action taken against him in 2018 that led to his removal from service.

Jangid had challenged the disciplinary order before the appellate authority, which rejected his plea in September 2018. His representation was again rejected by the RPF Principal Chief Security Commissioner in January 2019, following which he moved the high court.

According to Jangid, the incident took place in June 2018 at Kalyan railway station while he was seated next to a woman. He claimed that a man sitting beside him suddenly got up, abused and slapped him, after which the woman began crying and a crowd gathered. Jangid argued that neither the woman nor any member of the public lodged a police complaint against him.

Before the court, Jangid claimed that any contact with the woman was accidental and sought leniency, arguing that dismissal from service was a disproportionate punishment.

The Railways opposed the plea, arguing that RPF personnel are bound by a strict code of conduct, both on and off duty. It said the conduct amounted to misconduct under the Railway Protection Force Rules, 1987, which prohibit members of the force from acting in a manner that brings disrepute to the organisation.

Rejecting Jangid’s arguments, the bench said the absence of a complaint from the woman did not invalidate the disciplinary proceedings, as the CCTV footage and the viral video provided sufficient material to initiate an inquiry.

After watching the video footage, the judges said Jangid’s actions could not be described as unintentional. “We have noticed that he was conscious of the lady sitting next to him and was taking advantage that she had her back towards him, while he indulged himself into a despicable act which amounted to outraging the modesty of a woman,” the bench observed.

The court said the charges against Jangid were fully justified, describing his conduct as “disgraceful and definitely immoral”. It added that a member of the Railway Protection Force, entrusted with protecting passengers, had himself become the perpetrator of a shameful act, and dismissed his petition.