R.M. BORDE, J.

1. Heard. Rule. Rule made returnable forthwith and hard finally by consent of learned Counsel for respective parties.

2. The petitioner is functioning as an Assistant Town Planner in the Town Planning department of the Municipal Corporation since last 19 years and according to him, he is discharging his functions to the best of his abilities and to the satisfaction of the superior authorities. According to the petitioner, his past service record is clean and there are no adverse remarks communicated to him.

3. The petitioner submits that on 11-2-2018, the petitioner has posted a comment on social media i.e. Facebook. The text of the comment/post reads thus:

Xxx xxx xxx

which means, when unworthy persons get opportunity to speak in the House, they become philosophers and make wild allegations and this is called Democracy.

4. According to the petitioner, the post uploaded by him on social media is only for expression of his feelings and was limited for communication to his Facebook friends. It is contended that the comment was not intended to be directed against any political party or any other group. The comment was shared on social media, which was meant for a limited group. However, it appears that the comment was circulated by others on social media and as such it was circulated beyond limited group. Some of the Corporators of Municipal Corporation carried a feeling that the said comment/post is intended to insult the group of Corporators as a whole and as such, approached the Municipal Commissioner with a proposal to take action against the petitioner.

5. A show cause notice came to be issued on 12-2-2018 calling upon the petitioner to explain as to why strict disciplinary action shall not be initiated against him as per the provisions of Maharashtra Civil Services (Discipline and Appeal) Rules, 1979. According to the Commissioner, the act of the petitioner is violative of provisions of Rule 3 of the Maharashtra Civil Services (Conduct) Rules, 1979. The petitioner has submitted his reply to the show cause notice stating that the post of the Prime Minister of the Country is a Constitutional post and he holds a lot of respect for the person holding such Constitutional post. As a result of chaos in the Parliament, the Speaker of the Rajya Sabha was required to reprimand some Members of the House on account of their unruly behaviour, the petitioner felt distressed and in order to express his feelings, he published the post on social media and the comment was intended to be circulated only amongst his Facebook friends. The comment was not directed against politicians as a class, much less the Corporators. According to the petitioner, he holds a right of freedom of speech and expression and it is within his right to express his feelings. The petitioner submits that he has fundamental right under Article 19(1)(a) to express his thoughts. The petitioner also explained that the said post was neither against any individual or group or persons or any religion or caste, but since the petitioner was distressed, he gave way to his feelings. According to the petitioner, he has not used any un-parliamentary language against any individual or any politician or any party or Member representing local authority. The petitioner submits that Rules 5 to 9 of the Maharashtra Civil Services (Conduct) Rules, define “misconduct” and the act alleged against petitioner cannot be construed as misconduct. According to him, the act alleged is not a misconduct nor amounts to any act of indiscipline and as such, has prayed that no action of whatsoever nature be taken against him, as proposed.

6. Respondent No. 2-the Municipal Commissioner has issued an order on 21-2-2018 recording therein that the explanation tendered by the petitioner is unsatisfactory and the petitioner has committed misconduct, unbecoming an officer under Rule 3(1)(iii) of the Rules in causing insult to the representatives of the people. The Commissioner, as such, in exe