The Aryavarth Express
Agency(New Delhi): The Madhya Pradesh High Court has overturned a suspension order and chargesheet against a government employee accused of sending a politically sensitive message via WhatsApp. The decision underscores the principle that private communications among employees do not fall within the scope of office discipline under the Civil Services (Conduct) Rules, 1965.
Justice Vivek Rusia of the single-judge bench noted that messages forwarded within a WhatsApp group cannot be deemed public nor can they be assumed to reflect the sender’s personal opinions. The court highlighted the nature of WhatsApp groups as private circles of friends or like-minded individuals, emphasizing that participation in such groups and the messages shared within should not be subject to stringent disciplinary actions by the government.
The court pointed out the absence of any official circular or statutory provision governing the creation of WhatsApp groups for government employees. It stressed the voluntary nature of such groups, where members can join or leave at their discretion, further distancing these private interactions from the realm of professional conduct.
Referencing a similar judgment by the Madras High Court in A. Lakshminarayanan v. Assistant General Manager 2023, which recognized employees’ rights to express themselves within legal boundaries in private groups, the court ruled in favor of the petitioner. The suspension order issued by the Commissioner (Indore) on February 6, 2023, was set aside, reinstating the employee.
The case involved an employee from Alirajpur who was disciplined for forwarding an objectionable message to the OPS Union WhatsApp group. Despite the employee’s explanation that the message was inadvertently sent by his young daughter and was not reflective of his views, disciplinary action was initiated. However, the court, upon verifying the employee’s claims about his daughter’s existence and accidental involvement, concluded that the disciplinary action was unwarranted.
This ruling marks a significant acknowledgment of the distinction between private and professional spheres in the digital age, clarifying that private communications among government employees, when confined to non-public platforms like WhatsApp, should not be automatically construed as violations of conduct rules.
