Had Benefit Of Honourable Acquittal: Supreme Court Converts RPF Constable’s Punishment To Compulsory Retirement

The Apex Court was considering an appeal filed against an order of the Division Bench of the Delhi High Court by which the writ petition filed by the original appellant assailing his dismissal from service was dismissed, and no relief was granted to him.

The Division Bench of Justice B.V. Nagarathna and Justice R. Mahadevan held, “We have taken note of the fact that during the pendency of this appeal, the appellant died on 03.10.2023 and he had the benefit of an honourable acquittal in the criminal proceedings which were instituted against him and two other family members.”

“We have found that having regard to the nature of the imputation against the appellant herein, the dismissal from service was wholly disproportionate. Hence, the punishment of dismissal is converted/modified to one of compulsory retirement with pension payable in accordance with law”, it added.

Advocate Pardeep Gupta represented the Appellant while ASG Aishwarya Bhati represented the Respondent.

Factual Background

The appellant was recruited as a Constable in the Railway Protection Force (RPF) in 1994. In the year 2006, the appellant was posted at the Shahdara Post, Delhi. In 2007, a First Information Report was registered under Sections 363 and 366 of the Indian Penal Code, 1860. The aforesaid FIR was registered against five persons, including the appellant, his father, and his brothers, alleging the abduction of a girl. It was alleged that the appellant’s brother committed the main offence, while the appellant was accused of abetting and assisting him.

Upon conclusion of the investigation, the Police filed a charge sheet only against the main accused. However, in the year 2010, acting on an application filed by the complainant under Section 319 of the Code of Criminal Procedure, 1973, the Sessions Court summoned the appellant. Charges were framed against the appellant, and due to non-appearance, the appellant was taken into judicial custody. Immediately thereafter, the Respondent-Authorities served a chargesheet upon the appellant under Rule 153 of the Railway Protection Force Rules, 19,87, alleging that the appellant concealed facts pertaining to his involvement in the criminal case, and had failed to intimate the department regarding his arrest and detention.

The Senior Circle Security Commissioner, RPF, Northern Railway, passed an order dismissing the appellant from service. Aggrieved by the order of dismissal, the appellant preferred a Revision Petition, which was dismissed. Consequently, the appellant approached the High Court by filing a writ petition seeking reinstatement. The appellant was acquitted in the criminal case. Despite the acquittal, vide the impugned judgment, the High Court dismissed the Writ Petition. Aggrieved thereby, the appellant approached the Apex Court.

Reasoning

The Bench took note of the fact that during the pendency of the appeal, the appellant died in 2023, and he had the benefit of an honourable acquittal in the criminal proceedings.

The Bench also found that the dismissal from service was wholly disproportionate. The Bench thus ordered that the appellant and now his legal representatives would receive arrears of pension and family pension with effect from June 24, 2011, which was the date of dismissal and on his demise.

Cause Title: Sahab Singh v. Director General, RPF, Rail Bhawan (Neutral Citation:2025 INSC 1497)

Appearance

Appellant: Advocates Pardeep Gupta, Parinav Gupta, Mansi Gupta, Harshvardhan Lodhi, Rakshit Rathi, AOR Vipin Gupta, Advocates Krishna Kumar, Nandani Gupta

Respondent: ASG Aishwarya Bhati, Advocates Digvijay Dam, Ishaan Sharma, Harish Pandey, Prashant Singh-(ii), Piyush Beriwal, Chitrangda Rastravara, Arcahna Sharma, AOR Amrish Kumar

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