JUBAIR Vs. THE UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THE writ petition under Article 226 of the Constitution of India prays, inter alia, for taking legal action against the personnel(s) of the Railway Protection Force (RPF) and the employees of the respondent -Eastern Railway for having misbehaved, manhandled and acted inhumanely with the petitioner and to compensate the petitioner for the damage caused to him by unlawfully confining him for hours together without the authority of law. This Court is not presently concerned with the first prayer as the respondent -Railways on making enquiry into the allegation has already taken action against the erring personnel(s)/officials. Adequacy thereof has neither been argued nor shall be looked into.

(2.) PREFATORIAL facts, in a nutshell, are that the petitioner, a tailor by profession, along with one Salluddin was traveling on trail on 01.09.2006 on a valid ticket from Patna to Bhagalpur. As they reached Bhagalpur railway station at 1.30 pm and alighted from the train, the petitioner was surrounded by three RPF constables at the station and brought to Hajat and confined there. He was allegedly manhandled, abused and robbed of his cash. After his confinement for few hours, he was presented before the Ticket Travelling Examiner (TTE) or the Ticket Collector (TC) who issued two receipts each of Rs. 50 for carrying luggage in excess of permissible limit. The amount was paid by contributions made by persons/passengers who had assembled at the scene of occurrence. Upon realization of the amount, he was allowed to go out of confinement. Aggrieved by such inhumane and atrocious behavior of the RPF personnel(s) in collusion of the TTE/TC, the petitioner attempted to lodge a complaint with the police station located at the railway station and the Station Superintendent, but was denied to do so. Harassed and restless petitioner on 06.09.2006 lodged a written complaint with the National Human Rights Commission (NHRC) and other statutory body. The NHRC taking cognizance of the written complaint directed an enquiry to be made into the allegation leveled by the petitioner by the competent authority of the respondent -Railways. It appears from the counter affidavit filed on behalf of the respondent -Railways that an enquiry into the complaint was later made by the Inspector, RPF, Internal Vigilance Group, Eastern Railway, Kolkata and a report dated 17.11.2006 (Annexure -A) was submitted. The conclusion of the Inquiry Officer are as under: - -

(3.) THE respondent -railways on the basis of the said report initiated disciplinary action against the RPF Inspector for his misconduct. The Ticket Collector (TC) who was allegedly involved in the incident was transferred. The disciplinary action was also directed to be initiated against him for arbitrary and unlawful action whereafter minor penalty charge sheet was issued against the Inspector, RPF and on conclusion of the proceeding punishment of withholding of increment of one year was imposed on him vide order dated 11.01.2007. Similarly, the TC was also inflicted punishment in the departmental proceeding. In these factual background, the petitioner has prayed for compensation for the damage suffered by him on account of misconduct, misbehavior of the RPF personnel(s) and the Ticket Collector and for illegally and arbitrarily detaining him for hours together under confinement.