Supreme Court of India· 24 September 2026
Does Section 6 of the Railway Protection Force Act, 1957 vest the power of appointment exclusively in the Chief Security Officer?
UNION OF INDIA & ORS v. RAMDHANI PRASAD
2026 INSC 1047 · SLP (C) No. 13645 of 2023
Coram: Justice Aravind Kumar · Justice Vipul M. Pancholi
Answer
Section 6 of the Railway Protection Force Act, 1957 does not vest the power of appointment exclusively in the Chief Security Officer.
No. Although Section 6 rests appointment of the Force's members with the Chief Security Officer, the provision's own proviso contemplates that other superior officers may exercise the appointing power where the Chief Security Officer so specifies, and Rule 20 with Schedule I confers on the Assistant Security Officer power to appoint Senior Rakshaks and Rakshaks. The word rest here conveys overall control, not an exclusive power.
Headnote
Constitution of India — Article 311(1) — Railway Protection Force Act, 1957 — s.6 — s.9 — Appointing authority — Removal —
Constitution of India — Article 311(1) — Appointing authority identified —
Held: The order of removal of an employee is invalid under Article 311(1) only where the authority which passed it is subordinate in rank to the authority which in fact appointed the employee; delegation of the power of appointment does not enhance the hierarchical status of the delegate. (¶13, 24)
Railway Protection Force Act, 1957 — s.6 — s.9 — Appointment not exclusive to Chief Security Officer —
Held further: Section 6 of the RPF Act does not vest the power of appointment exclusively in the Chief Security Officer; the proviso and the Rules permit other superior officers, including the Assistant Security Officer, to appoint and discipline Rakshaks. Appeal allowed, order of removal restored. (¶22, 29)
Headnote
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Paragraph 17At this stage, it is relevant to refer to the statutory scheme governing the appointment and disciplinary control of members of the RPSF. Section 4 of the Railway Protection Force Act, 1957 (for brevity, “the RPF Act”) recognises the offices of Chief Security Officer, Security Officer and Assistant Security Officer as offices of superior officers and provides that such officers shall exercise the powers and authority conferred upon them by or under the Act. Section 6 of the Act provides that the appointment of members of the Force shall rest with the Chief Security Officer, who is required to exercise that power in accordance with the Rules made under the Act. However, the proviso to Section 6 expressly contemplates that the power of appointment may also be exercised by such other superior officer as the Chief Security Officer concerned may specify in that behalf. Thus, the statutory scheme does not make the Chief Security Officer the exclusive authority competent to make appointments to the Force. Section 6 of the RPF Act is reproduced as under:
Paragraph 18The Rules framed under the Act give effect to this statutory scheme. Rule 20 provides that the powers of superior officers to appoint members of the Force shall be as specified in Schedule I. Schedule I expressly confers upon the Assistant Security Officer the power to appoint Senior Rakshaks and Rakshaks. The same are reproduced as under:
Paragraph 22On a conjoint reading of Sections 6 and 9 of the RPF Act and Rules 20 and 43 read with Schedules I and II of the Rules, it is inferred that although control in the matter of appointment rests with the Chief Security Officer, the statutory scheme permits the exercise of the power of appointment by other superior officers competent under the Rules. The Rules expressly confer upon the Assistant Security Officer the power to appoint Senior Rakshaks and Rakshaks and also confer upon such authority the power to impose the penalty of removal upon Senior Rakshaks and Rakshaks.
Acts & Sections
Article 311(1) Constitution of Indias.6 Railway Protection Force Act, 1957s.9 Railway Protection Force Act, 1957Rule 20 Railway Protection Force Rules, 1959Rule 43 Railway Protection Force Rules, 1959One judgment a day. That's the whole habit.
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