CAN THE UTTAR PRADESH GOVERNMENTclaim a monopoly over a color? Is the term 'Bhagwa', a symbol of ancient renunciation and cultural heritage now legally synonymous with the State? These haunting questions that lead us to a crossroads where the spirit of justice has been sacrificed at the altar of linguistic speculation and administrative overreach. This case study details an inquiry where mandatory due process was discarded in favor of an arbitrary "flawed syllogism."
Perhaps most distressing is the shift in the hallowed halls of the Uttar Pradesh Public Service Tribunal. Instead of asking if the law was followed, the inquiry, instead, posed the question: What is a woman of rank allowed to say? When judges prioritize an officer's "moral mandate" over the "flawed nature" of a state’ government’s prosecution, the very foundation of constitutional morality begins to crumble.
On February 2, 2018, a local media outlet Hindustan News reported about a social media interaction by Rashmi Varun (Deputy Director of the Economics and Statistics Division in Saharanpur, Uttar Pradesh). The publication highlighted a Facebook comment made by the officer concerning an Ambedkar rally in Kasganj. Notably, this post was private in nature, garnering minimal engagement with only six or seven views and likes. Yet it was subsequently leveraged as the basis for disciplinary action. The details of the post are herein as under:
