The Director General Railway Protection Force Railway Board Rail Bhavan New Delhi   [Appellants] Vs. Narender Chauhan   [Respondent]

W.A(MD).No.118 of 2024

(2JB, D.KRISHNAKUMAR and R.VIJAYAKUMA JJ., delivered by R.VIJAYAKUMAR,J.)

Facts: The respondents in the writ petition are the appellants. The writ petition was filed by a Constable of a Railway Protection Special Force challenging his order of removal from service for misconduct of putting “thumbs up” sign for a message that was circulated in the official Whatsapp group. The writ Court after considering the submission made on either side, arrived at a finding that the writ petitioner had erroneously shared the “thumbs up” symbol and proceeded to direct the authorities to reinstate the petitioner without backwages. This order is under challenge in the writ appeal.

Issue: Whether reinstatement of appellant after removal from service for misconduct is justified?

Arguments on behalf of counsel for appellant:

According to the learned Deputy Solicitor General appearing for the appellants, the writ petitioner being a member of Uniformed Service, he is expected to maintain high standard of discipline. A message relating to the brutal murder of a superior officer was circulated in the official Whatsapp group. On seeing the said message, the petitioner has put up ‘thumbs up’ message which is clearly a mark of celebrity and therefore, it is a misconduct. This would, not only send a wrong message to other personnel, but also affect the moral of the officers.

Arguments on behalf of counsel for respondent:

Per contra, the learned counsel appearing for the respondent/writ petitioner had contended that by mistake the writ petitioner had put up “thumbs up” sign for the message. This signal was put up by him erroneously with no intention to affect the moral of the Uniformed Force or denigrating the higher official who was brutally killed. For the said mistake, a disproportionate punishment of removal from service has been ordered. He had further contended that the writ Court had rightly appreciated the facts and circumstances of the case and has ordered reinstatement without backwages. Hence, he prayed for dismissal of the writ appeal.

Held: The court dismissed the appeal and held that, “The messages that was shared in the official Whatsapp group is about the brutal murder of an Assistant Commandant by a Constable in Mehalaya. The petitioner who was not so conversant with the Whatsapp, had shared an erroneous emoji of thumbs up signal. The said thumbs up signal could also be construed to be an alternative for the word “OK”. Therefore, sharing of the said symbol could never be considered to be celebrating of the brutal murder, but is it only an acknowledgement of the fact that the petitioner had seen the said message.”