Govt staff can join rallies, post views on social media: Tripura HC
AGARTALA: Dismissing an inquiry against a retired employee of the state
fisheries department, the chief justice of Tripura high court on Friday
said that government employees can take part in political programmes,
including meetings, and freely post their opinions on social media
platforms, without attracting punitive measures under Rule 5 of the All
India Services (Conduct) Rules.
Justice A Kureshi said that attending a political rally would not be
considered as involvement in politics and government employees should
have the personal liberty to post their opinions on social media.
Lipika Paul was dismissed from service on April 25, 2018, four days
before her retirement, for taking part in a political programme in
December 2017 and making a social media post against BJP.
"During election times, as is well known, political parties and their
leaders as well as nominated candidates take out rallies and address
public gatherings. Every person who is present in the audience during
such addresses cannot be stated to have participated in the rally. The
presence of a person does not either establish his or her political
affiliation. A student of politics, an enthusiastic young man, a
reporter or just a curious bystander - all are likely to be present in
any political gathering. Even an opponent or a critic of a political
party may also attend the gathering. Her mere presence at a gathering,
therefore, without any further allegation, would not amount to her
participation in such political gathering," the court order stated.
"I have taken note of the contents of the said post which originally was
in Bengali and has been translated and presented before me. Nothing
contained in the said post suggests canvassing for or against any
political party. It only expresses certain beliefs of the petitioner in
general terms. As a government servant the petitioner is not devoid of
her right of free speech, a fundamental right which can be curtailed
only by a valid law. She was entitled to hold her own beliefs and
express them in the manner she desired of course subject to not crossing
the borders laid down in sub-rule (4) of Rule 5 of the All India
Services (Conduct) Rules."
Source : Times of India, 11 January, 2020