‘Thumbs Up’ emoji: HC upholds order and gives relief for RPSF constable
Bringing relief to a Railway Protection Special Force (RPSF) constable, the Madurai Bench of the Madras High Court upheld a Single Bench order that set aside his removal from service and directed the reinstatement of the constable in service without backwages.
The court was hearing an appeal preferred by the Director General of the Railway Protection Force against the Single Bench order. The constable presently posted at the 5th Battalion RPSF in Tiruchi had challenged his removal from service before the Single Bench. In 2018, an Assistant Commandant was killed by another constable in Meghalaya. The news was shared on the official WhatsApp group of the 5th Battalion RPSF in Tiruchi. On seeing it, the constable posted ‘Thumbs Up’ emoji on the group.
The RPSF construed that the sharing of the ‘Thumbs Up’ emoji was a moral support to the murder accused and the constable was issued with a charge memo. After conducting an inquiry, the disciplinary authority ordered his removal from service. The appellate authority and the revisional authority concurred with the disciplinary authority. While the constable said that he had posted the message by mistake and he never had an intention to approve the murder or affect the morale of the officers, the authorities said that a member of Uniformed Service was expected to maintain a high standard of discipline. The message was a misconduct. It would not only send a wrong message to other personnel but also affect the morale of the officers, it was submitted.
The Single Bench considered the submission made on both sides and arrived at a finding that the constable had erroneously shared the ‘Thumbs up’ emoji and directed the authorities to reinstate the constable without backwages.
Upholding the Single Bench order, a Division Bench of Justices D. Krishnakumar and R. Vijayakumar observed that the constable who was not so conversant with WhatsApp had erroneously shared the emoji.
The ‘Thumbs Up’ emoji could also be construed to be an alternative for the word ‘Ok’. Sharing of the emoji could never be considered to be celebrating the murder, but it was only an acknowledgement of the fact that the constable had seen the message. The explanation offered by the constable is believable, especially in the light of the fact that no other allegations have been made against him and he does not have any adverse antecedents, the court observed and dismissed the appeal.