The Allahabad High Court set aside the dismissal and ordered Singh’s reinstatement with all benefits. It also directed the state government to impose a minor punishment, such as a warning, in light of Singh’s admission and the lack of evidence showing that the message caused any harm.
Allahabad: The Allahabad High Court has directed the Uttar Pradesh government to reinstate an officer who was dismissed for forwarding a WhatsApp message that accused Chief Minister Yogi Adityanath of being involved in casteism. The court found that the dismissal of Amar Singh, an Additional Private Secretary in the State Secretariat, was excessive given the nature of the offence.
Case Background:
Amar Singh had been dismissed from his position in 2020 after the Uttar Pradesh government alleged that he had circulated an objectionable WhatsApp message. The message criticized Chief Minister Yogi Adityanath and Deputy Chief Minister Dinesh Sharma over caste-based appointments at Gorakhpur University. Singh admitted that he had forwarded the message unintentionally and quickly deleted it upon realizing his mistake. However, the government claimed that this act damaged its reputation.
Justice Alok Mathur, who presided over the case, ruled that the punishment was disproportionate and that the inquiry conducted against Singh was flawed.
“The only evidence against Singh was his own admission in writing to the government that he had inadvertently forwarded the message and deleted it on realization of the mistake.”
The court also pointed out that there was no substantial evidence presented by the government during the investigation that could prove Singh intentionally circulated the message with the aim of damaging the government’s reputation.
“There was no substantial evidence from the State Government presented before the Inquiry Officer or the Technical Committee to support the claim that the petitioner intentionally circulated the message to damage the Government’s reputation,” the court said.
Additionally, the court noted that the government did not provide any proof that the message had been widely read or circulated. As a result, it was deemed speculative to claim that it had harmed the government’s reputation.
The WhatsApp message in question, which Singh had forwarded in 2018, contained the following message:
“As per UGC regulations, opportunities for the OBC and Scheduled Caste communities have effectively been closed. In this era of Ramrajya, Chief Minister Thakur Ajay Singh Yogi and Deputy Chief Minister Pandit Dinesh Sharma, while purportedly eradicating casteism, have appointed 52 individuals from their own caste as Assistant Professors out of a total of 71 positions in Gorakhpur University.”
Despite the controversial nature of the message, Singh voluntarily admitted that he had forwarded it by mistake and had deleted it. He did not face any formal complaint but was still subjected to an internal departmental inquiry.
The court found that the inquiry against Singh was not conducted in accordance with established rules and procedures. The inquiry was held without Singh’s participation, and this violation of natural justice made the process unfair.
“Therefore, it is evident that the inquiry was conducted in gross violation of the principles of natural justice. The respondents’ admission that the procedure adopted was contrary to the prescribed rules renders the action arbitrary and illegal, making the resultant decision void,”
the court said.
The court also emphasized that Singh’s admission of his mistake should have been taken into account when deciding the punishment.
“The Bench described Singh’s admission as a significant factor and thus opined that a lesser punishment should have been awarded.” The court believed that the department should have considered his honesty and issued a warning instead of firing him. “The department should have acknowledged the petitioner’s fairness in admitting the mistake and could have issued a warning instead of imposing a harsh penalty,” the court added.
While the court acknowledged that Singh, as a government servant, should have been more cautious when dealing with sensitive content, it stated that his actions were not malicious.
“In my opinion, the punishment should have been more lenient, such as an adverse entry in his service records or a censure. As a government servant, he should have exercised caution when dealing with such objectionable content, but his actions were not malicious. A more proportionate response would have been appropriate given the circumstances,” said the judge.
The court also noted that Singh had taken steps to minimize any potential damage by deleting the message and informing others about his mistake.
The Allahabad High Court set aside the dismissal and ordered Singh’s reinstatement with all benefits. It also directed the state government to impose a minor punishment, such as a warning, in light of Singh’s admission and the lack of evidence showing that the message caused any harm.
ALSO READ: Bomb Threat Against CM Yogi Adityanath| First-Year Law Student Arrested in Prayagraj
“The Court orders the petitioner’s reinstatement with all consequential benefits. The State Government is directed to impose a minor punishment, such as a warning, taking into account the petitioner’s admission of the mistake and lack of evidence of any damage caused by the message,”
the court concluded.
Amar Singh was represented by advocates Gaurav Mehrotra, Akber Ahmad, Alina Masoodi, and Ravindra Singh, while the State of Uttar Pradesh was represented by Standing Counsel Neeraj Tripathi.
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
