'Despicable': Bombay High Court Upholds Removal Of RPF Constable After Viewing Viral Molestation Video
The Bombay High Court has upheld the removal from service of a Railway Protection Force (RPF) constable after personally viewing a viral video of him allegedly inappropriately touching a woman passenger at Kalyan railway station in 2018. Holding that the video clearly established his intention to outrage the woman's modesty, the Court observed that despite being entrusted with...
The Bombay High Court has upheld the removal from service of a Railway Protection Force (RPF) constable after personally viewing a viral video of him allegedly inappropriately touching a woman passenger at Kalyan railway station in 2018.
Holding that the video clearly established his intention to outrage the woman's modesty, the Court observed that despite being entrusted with protecting passengers, he himself became "the perpetrator of a shameful act."
For context, a video clip went viral in June 2018, wherein an RPF personnel was seen sitting next to a woman passenger on a bench on the railway platform, trying to touch her inappropriately. When a co-passenger noticed the same, he videographed his act and signalled to other passengers, one of whom, then slapped the personnel. Soon after the video went viral, the railway authorities suo motu issued chargesheet and initiated disciplinary enquiry. He was removed from service in August 2018.
The RPF personnel - Rajesh Jangid (35) then petitioned a division bench of Justice Bharati Dangre and Justice Manjusha Deshpande challenging his removal from the service. However, the judges held that his conduct was deplorable and he did not deserve any leniency.
The bench dismissed his contention that he was tensed due to some family issue and was tired due to the workload and therefore, he was feeling asleep and thus slept while sitting on the bench on the railway platform.
"We clearly noted from the video footage that the act of the Petitioner could not be said to be unintentional, but the manner in which he moved his hand, clearly reveal to us his intention and it can also be seen that he is not asleep or he was not in a state of being not conscious of the surrounding circumstances, as we have noticed that he was conscious of the lady sitting next to him and taking advantage that she had her back towards him, he indulged himself into a despicable act which amounted to outraging the modesty of a women," the bench observed in the order.
In the order passed on March 26, this year, but made available recently on the High Court website, the judges noted that a passenger sitting opposite on the bench indicated the person sitting on the right side of Petitioner and being perturbed by the act, he was slapped.
"Realising that he has committed a mistake, the Petitioner profusely apologised and in fact is bold enough to say that he did not initiate any action for the person who had slapped him. It is obvious for the reason that since people had gathered on the spot, there were witnesses who had watched the incident taking place and would have spoken about the unpardonable act of the Petitioner, who himself was supposed to protect the passengers on the railway platform as he was recruited in a disciplined force i.e. RPF. This disparaging act is committed by him in the precincts of the Railway property i.e. on Platform itself and while he was in uniform, realising that he will have no stand to take action against the person who slapped him, he left the platform," the bench observed.
It cannot be ignored that Railway platform is a transitory place where people come and go and the lady who faced ignominy at the hands of the Petitioner immediately left the platform and did not deem it appropriate to lodge a complaint and take the issue ahead, the bench said, while appreciating the railway administration of taking cognisance of such serious reprehensible and disparaging act committed by the Petitioner which was clearly recorded in the CCTV footage as well as the video, which was made viral.
"We ourselves have viewed the video clipping and from the said video, the intention of the Petitioner is evidently clear, being to outrage the modesty of the woman and we do not find that the action of the Railways holding him guilty of the charges and imposing major penalty upon him after following the procedure prescribed in law and as per the Rules, suffer from any arbitrariness or excessiveness. We find the conduct of the Petitioner to be disgraceful and definitely immoral. He is the member of Protection Force, but he himself became the perpetrator of a shameful act," the bench held.
As regards Jangid's contention that the penalty is disproportionate, the judges said that after viewing the video clip there is no merit in the submission as the action of the Petitioner was not unintentional, but it was fully intentional and he was conscious of the lady sitting next to him and he was also aware what he was actually indulging himself in.
"Petitioner belong to Railway Protection Force which is a Disciplined Force constituted for a particular purpose and when the act of misconduct is proved before the Disciplinary Authority and upheld by two superior Authorities, considering the seriousness of the charge of misconduct, we see no reason for showing any leniency. The conduct of the Petitioner was truly deplorable and despite being in uniform and on the property of the Railway, he had dared to indulge into such an act and therefore we find complete justification in the Railway, in initiating an inquiry against him, finding him guilty and imposing a punishment of removal from service, which is lesser penalty than dismissal from service," the bench held.
With these observations, the bench dismissed Jangid's plea.
Appearance:
Advocate Samir Vaidya appeared for the Petitioner.
Advocates Abhijeet Joshi and Induprakash Tripathi represented the Railway Authorities.
Case Title: Rajesh Sahadeo Jangid vs Union of India (Writ Petition 7616 of 2021)
Citation: 2026 LiveLaw (Bom) 357