Jahanvi Agarwal
On 12th March 2024, a decision was by Madras High Court regarding the reinstatement of a Railway Protection Force (RPF) Constable who was dismissed for using a ‘thumbs up’ emoji in a WhatsApp message related to the murder of a superior officer. Justices D Krishnakumar and R Vijayakumar upheld a single-judge order in favour of Constable Chauhan.
The division Bench emphasized that sharing the ‘thumbs up’ symbol did not amount to celebrating the murder but rather indicated an acknowledgment of the message.
Constable Chauhan had been removed from service for misconduct after using the emoji in response to a message about his superior officer’s murder in an official WhatsApp group.
Chauhan appealed his dismissal in 2021, arguing that he had mistakenly used the emoji. The single- judge bench agreed with his explanation and directed his reinstatement without back wages. The RPF appealed against this decision, arguing that using the thumbs-up emoji in such a context constituted misconduct and celebration.
The Deputy Solicitor General of India, representing the RPF, asserted that Chauhan, as a member of the uniformed service, should maintain a high standard of discipline. However, the court found Chauhan’s explanation credible, considering his lack of familiarity with WhatsApp and the absence of any other allegations against him.
The Bench concluded that the single-Judge was correct in setting aside the dismissal order and reinstating Chauhan without back wages. They dismissed the writ appeal, stating that there are no merits.
Case Name: The Director General Railway Protection Force v. Narender Chauhan
Diary Number: 118 of 2024
Bench: Justices D Krishnakumar and R Vijayakumar