In a landmark decision, the Allahabad High Court has directed the reinstatement of Amar Singh, an Additional Private Secretary in the Uttar Pradesh Secretariat, who was dismissed in 2020 for forwarding a WhatsApp message critical of Chief Minister Yogi Adityanath. The Court ruled that the punishment was disproportionate to the nature of the offense and violated principles of natural justice.
Justice Alok Mathur, presiding over the case Amar Singh v. State of UP, observed that the departmental inquiry against Singh was conducted in gross violation of prescribed rules. “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 noted.
WhatsApp Forward at the Center of Controversy
The controversy began in 2018 when Singh forwarded a WhatsApp message that accused CM Yogi Adityanath and Deputy CM Dinesh Sharma of appointing individuals from their own castes to academic positions in Gorakhpur University. Singh later admitted to inadvertently forwarding the message and claimed he deleted it upon realizing his mistake.
The Court found no substantial evidence that Singh’s actions intentionally sought to harm 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 judgment stated.
Court Calls for Proportionate Punishment
Justice Mathur emphasized the need for a more measured response, given Singh’s lack of malicious intent and his admission of the mistake. “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.”
The Court also highlighted Singh’s efforts to mitigate potential damage by deleting the message and voluntarily informing the government.
Relief Granted
The High Court ordered Singh’s reinstatement with all consequential benefits and directed the State Government to impose a minor punishment instead. “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 order read.
Case: Amar Singh vs Sate of UP – Available on LAWFYI.IO
