The Bombay High Court recently upheld the removal of a constable from the Railway Protection Force (RPF) for inappropriate behavior towards a female commuter at Kalyan railway station in 2018. The court characterized the constable’s actions as “truly deplorable,” emphasizing that he engaged in such misconduct while in uniform.
The court stated that the RPF had valid grounds to conduct an inquiry into the incident, find the constable guilty, and impose the penalty of removal from service, which is considered a less severe consequence than outright dismissal. The ruling noted that this removal does not necessarily bar the constable from future employment opportunities.
In discussing the case, the court remarked on the irony of a member of the Protection Force becoming a perpetrator of a disgraceful act.
The incident in question occurred on June 18, 2018, on platform number four of Kalyan railway station. It was alleged that constable Rajesh Jangid, while pretending to doze off, inappropriately touched a woman seated beside him. The situation escalated when another female passenger intervened, leading to her slapping Jangid.
Represented by attorney Samir Vaidya, Jangid contended that he had been feeling unwell after his duties and had simply taken a seat next to a woman who was on her phone. He claimed that a nearby individual verbally abused him and suddenly struck him, while the woman who had complained subsequently left the scene without lodging an official complaint.
The RPF’s decision to remove Jangid from service was prompted by a widely circulated video of the incident. This decision was later affirmed by the Principal Chief Security Commissioner of RPF at Mumbai CSMT, leading Jangid to appeal to the High Court.
A panel of Justices Bharati H. Dangre and Manjusha A. Deshpande reviewed CCTV footage along with the viral video on March 26. They noted that the constable’s hand movements indicated his intent and that he was evidently aware of his surroundings, taking advantage of the woman’s position to commit an act that amounted to an affront to her dignity.
The court labeled the constable’s behavior as “disparaging, reprehensible, disgraceful, and definitely immoral,” highlighting that witnesses were present during this “unpardonable” act, which was particularly egregious given his role in safeguarding commuters.
Furthermore, the court described a railway platform as a “transitory place” where individuals come and go, noting that the victim chose to exit the platform without pursuing the matter further.
Ultimately, the bench ruled that the actions taken by the railway authorities were justified and not arbitrary, dismissing Jangid’s appeal as lacking merit.
Omkar Gokhale is a journalist with The Indian Express, specializing in legal and judicial reporting, particularly focusing on developments in the Bombay High Court and the Supreme Court pertinent to Maharashtra.
