In a recent development, the Telangana High Court has reversed a severe reprimand penalty imposed on an Army officer for utilizing the "Messenger" application on his mobile phone.
Justice P Madhavi Devi not only nullified the severe reprimand but also invalidated the order that stripped the officer of his promotion. However, the court has granted authorities the freedom to initiate proceedings against the officer again, following the prescribed procedures under the Army Rules.
The court highlighted that while a severe reprimand might seem like a minor punishment, it carries significant consequences for the officer's service and was considered overly harsh. In any future proceedings against the officer, the court emphasized the need for authorities to adopt a more lenient stance.
The officer initially faced the penalty following expedited proceedings for violating the Army's social media policy, with the presence of "Zoom" and "Share-Chat" applications on his phone. Although these apps were not used, the active use of the "Messenger" app led to the severe reprimand and the withholding of his promotion.
The officer, seeking relief, argued in the High Court that the imposed punishment had broader implications for his career. The setback not only included the loss of promotion but also affected his imminent retirement upon completing 28 years of service.
Upon scrutiny, the court identified procedural lapses in the disciplinary proceedings. While acknowledging the officer's awareness of the charges, the court observed a failure to issue the conclusive order of punishment in the officer's presence or formally communicate it to him. The court criticized this flawed approach, emphasizing that effective communication of the order to the concerned employee is crucial for them to be aware of the decision and pursue legal remedies.
Additionally, the court expressed dissatisfaction with the order revoking the officer's promotion, citing a lack of necessary notice issuance. As a result of these procedural irregularities, the court took decisive action by setting aside both the punishment order and the order canceling the officer's promotion. The Army authorities have been granted the opportunity to reassess the case, with a stipulation that if a fresh consideration is pursued, proceedings should be conducted by another officer holding the rank of Commanding Officer.
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