Tushar D. Bhatt vs State Of Gujarat on 14 May, 2004
Obviously, therefore, the said judgment has been passed by the Apex Court on the facts and circumstances of that case. It is on the contrary very specifically laid down that there cannot be any straight jacket formula which could be applied for this purpose. Every case as such is required to be considered on its facts and it is to be found out in what circumstances and in which environment the delinquent used abusive language. As already stated above, it is not only because of the intemperate language the petitioner is sought to be penalized, but also for the purpose for which it was used and that factor was kept in the view while deciding the quantum of punishment. In the cases referred to above, abusive language appears to have been used by the concerned delinquent in a heat of moment on the spot as and when the concerned event took place. In the present case, it is not so. It has been used for similar purpose by the petitioner almost calling upon his superior officer that if you did not grant my demand, you would be totally ruined. It is that attitude which is required to be viewed with seriousness.