KOLKATA: Calcutta HC has reversed the dismissal of an RPF constable whose comments on Facebook allegedly eulogised a colleague for gunning down a senior during the 2018 Meghalaya elections and warned of a "mutiny". HC held in its order on Wednesday that the accused did not receive a fair hearing, reports Srishti Lakhotia.
HC asked RPF to conduct proper disciplinary hearings within eight weeks given the fact that the constable had denied making the comments. The constable, deployed at Purulia under South Eastern Railway before his dismissal, had moved the HC bench of Justice Raja Basu Chowdhury against his sacking of May 2, 2018, and an appellate authority order upholding the same later. RPF had alleged his comments led to the spread of hatred among ranks.
Souvik Nandi, senior advocate representing Centre, had contended that the disciplinary authority was of the view that "...if departmental action is delayed further, the delinquent constable's conduct will lead to hooliganism". But the judge held that initiating "action without delay" cannot form a ground for dispensing with a departmental inquiry.
HC asked RPF to conduct proper disciplinary hearings within eight weeks given the fact that the constable had denied making the comments. The constable, deployed at Purulia under South Eastern Railway before his dismissal, had moved the HC bench of Justice Raja Basu Chowdhury against his sacking of May 2, 2018, and an appellate authority order upholding the same later. RPF had alleged his comments led to the spread of hatred among ranks.
Souvik Nandi, senior advocate representing Centre, had contended that the disciplinary authority was of the view that "...if departmental action is delayed further, the delinquent constable's conduct will lead to hooliganism". But the judge held that initiating "action without delay" cannot form a ground for dispensing with a departmental inquiry.
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