Calcutta HC Reinstates RPF Constable Over Unfair Dismissal Without Hearing

KOLKATA: The Calcutta High Court has reinstated an RPF constable who was dismissed in 2018 over a Facebook comment. The court said the constable did not receive a fair hearing and asked the Railway Protection Force (RPF) to hold a proper inquiry within eight weeks.

Background: What Happened in 2018

In 2018, a constable from Purulia, under South Eastern Railway, was dismissed for a social media post. Authorities said he praised another constable who had shot and killed Assistant Commandant M.C. Tyagi during election duty in Meghalaya.

The post appeared in a Facebook group named “RPF Mutual Transfer.” The comment allegedly read: “Is bhai ko RPF taraf se salute … ab des me sanik vidroh phir se karna ho ga ap sahamat hai to sear ka res post ko…”
(Translation: “Salute to this brother from RPF… now we need another military revolt in the country. If you agree, repost this…”)

Officials said the comment could create unrest and promote violence. They suspended the constable on March 28, 2018, and dismissed him on May 2. His departmental appeal was also rejected in August that year.

Constable Takes the Case to Court

The constable denied writing the post. He argued that he was punished without being heard. His lawyer said no proper inquiry took place. As a result, the constable took the matter to the Calcutta High Court.

The government’s lawyer, Souvik Nandi, supported the dismissal. He said quick action was needed to avoid further disorder in the force. He also said that the RPF used a special rule to skip the regular inquiry process.

Court Rejects the Dismissal

Justice Raja Basu Chowdhury disagreed with the government. He ruled that the RPF could not skip a fair inquiry without solid reasons. He also said that simply writing a one-line explanation for using special powers was not enough.

The judge said, “Starting action quickly is not a valid reason to avoid the normal process. There must be clear and objective reasons.”

Next Steps for the RPF

The High Court has now asked the RPF to reinstate the constable. It has also ordered a proper disciplinary hearing within eight weeks. The court stressed that every person deserves a fair chance to defend themselves.

This judgment highlights the importance of due process. Even in cases involving security forces, authorities must follow proper rules and ensure fairness.