LI Network
Published on: November 16, 2023 at 00:57 IST
The Telangana High Court has nullified the punishment of ‘severe reprimand’ imposed on an Army Officer for using prohibited social media applications.
The court emphasized that a military employee facing disciplinary charges should be duly informed of the punishment and its consequences to enable the pursuit of legal remedies.
The petitioner, a Junior Commissioned Officer (JCO) in the Indian Army, faced the disciplinary action when a complaint was filed against his Commanding Officer.
Following an interview, his phone was seized, revealing unauthorized social media apps. Despite being eligible for promotion, the petitioner was subjected to severe reprimand without a fair hearing.
The court, presided over by Justice P. Madhavi Devi, highlighted the petitioner’s right to a just hearing, stating, “the final order of punishment does not seem to have been passed in his presence nor was it communicated to the petitioner.”
The petitioner, cleared for promotion to Subedar Major, faced a complaint from an anonymous source. Despite denying involvement, his phone was seized, revealing unauthorized apps. The Court of Inquiry found discrepancies in the disciplinary proceedings, leading the petitioner to seek intervention from the High Court.
The court deliberated on the maintainability of the writ petition, acknowledging the petitioner’s belief in the improper conduct of the summary proceedings. While an alternative remedy existed in the Armed Forces Tribunal, the court deemed the writ petition maintainable due to prima facie evidence of procedural irregularities.
The judgment emphasized the petitioner’s right to a fair trial, asserting that the punishment order lacked communication and violated the principles of natural justice.
The cancellation of the promotion without notice was deemed unlawful. The court concluded that the petitioner should have been granted an opportunity to defend himself, and the punishment and promotion cancellation were set aside.
Case Title: Subedar Radha Krishna Tiwary v Union Of India
