Telangana High Court sets aside punishment awarded to Army officer for use of ‘Messenger’ app

The Telangana High Court recently set aside the punishment of "severe reprimand" awarded to an Army officer for using the "Messenger" application on his mobile phone. [Subedar Radha Krishna Tiwary vs Union Of India].Justice P Madhavi Devi also quashed the order canceling the officer’s promotion, although she allowed liberty to the authorities to proceed against the officer afresh, in accordance with the procedure under the Army Rules..The Court observed that though the punishment of "severe reprimand" issued to the officer may appear to be innocuous, it has a drastic effect on his service and was clearly excessive. Therefore, the Court said the authorities must take a lenient view of the matter if they decide to proceed against the officer again..The officer before the Court had been awarded the punishment of "severe reprimand" after summary proceedings for a violation of the Army's social media policy.It was found that he had "Zoom" and Share-Chat" applications on his mobile phone although these apps were not used. However, he was found to be using the "Messenger" app. For this infraction, his promotion was also withheld prompting the officer to approach the High Court for relief. .His counsel told the High Court that such a punishment would have a cascading effect on the officer's service. He not only lost his promotion but he would also be retired immediately on completion of 28 years of service, the counsel submitted..While examining the case, the Court found that though the officer was aware of the proceedings against him and although the procedure of the summary proceedings was followed initially, the final order of punishment was not passed in his presence nor was it communicated to him. Finding fault with this approach, the Court said:“An order would be deemed to have been passed not only on the Commanding Officer putting his signature to the same, but also only when it is communicated to the concerned employee to enable him to pursue his legal remedies.".The Court also opined that the order canceling the officer's promotion was not passed in accordance with the law since a notice ought to have been given to the officer..Therefore, the Court aside the punishment order and the order canceling the officer's promotion..The Court allowed the Army authorities to reconsider the matter, adding that another officer of the rank of Commanding Officer should conduct the proceedings if the authorities decide to consider the matter afresh..[Read Judgment]