Forwarding a Message in Private WhatsApp Group by Government Employee not to Attract Action: MP high court
Bhopal: Madhya Pradesh high court has held that forwarding messages by employees in the private WhatsApp groups do not reflect their personal opinion and does not attract any action by the government.
The single bench of Justice Vivek Rusia held that forwarding a message in the WhatsApp group does not come within the purview of Rule 3(1)(i) and (iii) of Civil Services (Conduct) Rules, while granting relief to a state government, suspended for forwarding political messages in a WhatsApp group.
“.. If any member forwards a message in the WhatsApp group which does not mean that it is his personal opinion. Any message in the form of text, photo or video sent in WhatsApp group is confined to the members of the said group. It cannot be said that message had been made public. The WhatsApp group is always formed by the friends and like-minded people amongst the contact list..”, the court observed in its verdict delivered recently.
The judgement came in response to a petition filed by a government employee in Alirajpur in Madhya Pradesh who was suspended after being charge-sheeted for forwarding a political message to a WhatsApp group.
The petitioner submitted that his six-year-old daughter ‘inadvertently’ forwarded the message while playing with his mobile phone. He also submitted his apology.
The court observed that the government has not passed any circular or statutory provision for the formation of any WhatsApp group for government employees.
“In such circumstances, it can be said that the activity of government employees in such groups cannot be linked with serious disciplinary rules”, the court has held.
