ROBIN GAUTAM vs UNION OF INDIA AND ORS.

Judgment text excerpt

$~91 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16830/2022 ROBIN GAUTAM .....Petitioner Through: Ms. Saahila Lamba and Ms. Nidhi Sharma, Advs. versus UNION OF INDIA AND ORS. .....Respondents Through: Mr. Krishna Kumar Sharma, SPC with Mr. Anil Devlal, GP for UOI CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 26.11.2025 This case is being taken up today as 25 November 2025 was declared as holiday on the occasion of 350th anniversary of ‘Guru Teg Bahadur’s Martyrdom Day’. C.HARI SHANKAR, J. 1. This writ petition is the outcome of proceedings which emanated from a memorandum dated 26 April 2018, issued to the petitioner under Rule 153 of the Railway Protection Force Rules, 19871, proposing to hold an inquiry against him. 2. The allegation against the petitioner pertained to a post which had been posted on the social media platform Facebook, referring to the killing of one RPF officer by another. The only allegation against 1 “RPF Rules” hereinafter Signature Not Verified Signed By:GUNN W.P.(C) 16830/2022 Page 1 of 11 Signing Date:28.11.2025 15:35:48 the petitioner, as contained in the charge-sheet, was that he had, in response, posted a comment “Badhiya Kiya Bhai2”. 3. Noting the fact that the petitioner’s photograph was also reflected in the post, the charge-sheet alleged that the posting of the comment “Badhiya Kiya Bhai” by the petitioner, in response to the post showing the assassination of one RPF officer by another, amounted to “discreditable conduct affecting the image and reputation of the force” and indicated that the petitioner had “sympathised with a fellow constable … who has committed cold blooded murder of his superior officer.” 4. An inquiry was held, culminating in an inquiry report dated 29 Decem