WhatsApp – Posts in private group of Employees – Disciplinary action

The petitioner-employee was suspended on 31.7.2019.    The first charge of objectionable and derogatory posts in WhatsApp private group of Technicians of the Company caused to harm reputation and spreading false information.

HELD that on perusal of the post, all that has been raised therein are concerns of safety of ammonia handling.   The WhatsApp group was private one within the technicians of the Company.   Mere expression of concern on safety cannot attract the alleged charge.   The petitioner is justified in his contention that his fundamental right of freedom of speech guaranteed under Article 19(1)(a) of the Constitution of India infringed.

Judgment dated 18.6.2024 of the Kerala High Court in WP (Civil) No.13438 of 2021 of Sujith T.V.   Vs. Fertilisers and Chemicals Travancore Ltd and others