Judicial Member Ramesh Singh Thakur ruled that the WhatsApp exchange could not form the basis for the suspension, as it was not cited in the suspension order.
Relying on High Court rulings, including the Madras High Court’s judgment recognising the "right to vent" in private virtual spaces, the tribunal held that such messages could not justify the officer's suspension.
"In the circumstances pleaded before this Tribunal, and in the absence of any demonstrated rule or instruction governing such exchanges, the alleged messages, by themselves, cannot furnish a sufficient basis to sustain the impugned suspension.
This is particularly so when the explanation furnished by the respondents does not find expression in the impugned order of suspension itself," the tribunal said.
Judicial Member Ramesh Singh Thakur ruled that the WhatsApp exchange could not form the basis for the suspension, as it was not cited in the suspension order.
Relying on High Court rulings, including the Madras High Court’s judgment recognising the "right to vent" in private virtual spaces, the tribunal held that such messages could not justify the officer's suspension.
"In the circumstances pleaded before this Tribunal, and in the absence of any demonstrated rule or instruction governing such exchanges, the alleged messages, by themselves, cannot furnish a sufficient basis to sustain the impugned suspension. This is particularly so when the explanation furnished by the respondents does not find expression in the impugned order of suspension itself," the tribunal said.
