Disciplinary action cannot be taken for WhatsApp message against government: High Court

KOCHI: The High Court has ruled that disciplinary action for remarks against the government and the Chief Minister cannot be upheld at a time when freedom of expression is being celebrated as part of the right to life. Justice Devan Ramachandran said this while approving a petition filed by KSEB cashier PV Ratheesh, a native of Kannur, seeking cancellation of the disciplinary action taken against him for sharing a message against the government and the Chief Minister in a private WhatsApp group.

The High Court quashed the proceedings against the petitioner and directed that the period of suspension be treated as duty. KSEB is not a government department but a company. The single bench also asked how disciplinary action could be taken against an official of this institution for making remarks against the government and the Chief Minister through the WhatsApp.

The official was suspended from September 29 to December 19, 2016 for the said WhatsApp message. The period of suspension was later calculated as leave. The petitioner then approached the High Court.