{"id":239867,"date":"2020-11-28T23:42:12","date_gmt":"2020-11-28T18:12:12","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=239867"},"modified":"2020-12-15T12:26:37","modified_gmt":"2020-12-15T06:56:37","slug":"railway-protection-force-officer-fails-to-detect-prevent-thefts-sc-answers-if-his-compulsory-retirement-is-justified-or-not","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2020\/11\/28\/railway-protection-force-officer-fails-to-detect-prevent-thefts-sc-answers-if-his-compulsory-retirement-is-justified-or-not\/","title":{"rendered":"Railway Protection Force officer fails to detect & prevent thefts. SC answers if his compulsory retirement is justified or not"},"content":{"rendered":"

Supreme Court<\/strong>: In a case where Sub-Inspector in the Railway Police was compulsorily retired for gross neglect of duty, the 3-judge bench of Dr. DY Chandrachud, Indu Malhotra*<\/strong> and KM Joseph, JJ has set aside the Bombay High Court order that directed re-instatement with consequential benefits, and payment of backwages to the extent of 50%.<\/p>\n

The respondent, the present case, was charged with gross neglect of duty for failing to detect and prevent three instances of theft and abuse of authority by using unnecessary violence towards a passenger.<\/p>\n

Holding that the High Court was not justified in setting aside the order of compulsory retirement, the Court said,<\/p>\n

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\u201cA police officer in the Railway Protection Force is required to maintain a high standard of integrity in the discharge of his official functions. In this case, the charges proved against the Respondent \u201cwere of neglect of duty\u201d which resulted in pecuniary loss to the Railways. The Respondent was a Sub-Inspector in the Railway Police discharging an office of trust and confidence which required absolute integrity.\u201d<\/span><\/p>\n<\/blockquote>\n

It was further stated that the primary object of constituting the Railway Protection Force is to secure better \u201cprotection and security of the railway property.\u201d<\/p>\n

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\u201cThe restricted power of arrest and search conferred on members of this Force is incidental to the efficient discharge of their primary duty to protect and safeguard railway property, and to uphold the law.\u201d<\/span><\/p>\n<\/blockquote>\n

On the scope of interference by the High Court<\/strong> in exercise of its writ jurisdiction with respect to disciplinary proceedings, the Court said that it is not the function of the High Court under its writ jurisdiction to review the evidence, and arrive at an independent finding on the evidence. The High Court may, however interfere where,<\/p>\n