IMPORTANT POINT
The imposition of a penalty on a government servant for social media posts was found unjustified due to vague charges and lack of fair procedure, affirming the right to freedom of speech.

JUDGMENT :

1. Heard Mr. M. Sarma, learned counsel for the writ petitioner. I have also heard Mr. D. Gogoi, learned Standing Counsel, Forest Department, Assam, appearing for the respondents.

2. The writ petitioner is serving as Forest Ranger under the Forest Department, Government of Assam and is presently posted at the S.F. Range, Sonari. While the petitioner was posted as Range Officer, Charaideo under the SF Range, a show cause notice dated 19/09/2020 was served upon him directing the petitioner to explain as to why, disciplinary action should not be initiated against him for violation of Rules 3 & 7 of the Assam Civil Services (Conduct) Rules, 1965 for criticizing the Government. The allegation against the petitioner was to the effect that by disseminating messages through his social media (Face Book account), the petitioner had tarnished the images of the Union Government and the State Government, which was unbecoming of a Government servant.

3. In response to the show cause notice dated 19/09/2020, the petitioner had submitted a detailed reply dated 21/09/2020, denying the allegations brought against him. However, not being satisfied with the reply submitted by the petitioner, a departmental proceeding was initiated against him. There were 2 (two) Article of Charges brought against the petitioner, which are as follows :-

“(i) Violation of Rule 3 of the Assam Civil Services (Conduct) Rules, 1965 by indulging in act unbecoming of a Government Servant with considerable stature in the society by endorsing adverse comments/criticisms on the functioning and administration of the Central as well as the State Government portrayed in the social media forum which is tacit criticism of the Government.

(ii) Violation of Rule 7 of the Assam Civil Services (Conduct) Rules, 1965 through unwarranted comments in the social media tantamount to criticism of the Government.”

4. The petitioner participated in the enquiry proceeding. After taking note of the materials brought on record as well as the stand of the parties, the Enquiry Officer, who was an IFS Officer of the rank of Additional PCCF, had recorded the following finding in the Enquiry Report dated 01/07/2023 with regard to the charge no. 1, which are reproduced herein below :-

“While the Charged Officer was posted as the Range Officer in Charaideo Social Forestry range, he disseminated the thirteen messages (Exhibits I to XIII) through his individual Facebook Account which he honestly admits to be done by him. Thus, in the prima facie scrutiny it appears that the messages which have comments and content which can potentially tarnish the image of the Union and State Government and thus as per Rule 3 of the Assam Civil Services (Conduct) Rules, 1965 , it may be interpreted as its violation tantamount to indulging in the act of unbecoming of a Government Servant by Shri Mehdi Hassan.

However, through the defence statement provided by the charged officer vide letter No. Mehdi/FRO/DDM/01-03 dated 26/10/2022 (Annexure-D) and the statements recorded during the inquiry on 01/07/23 (Annexure-F) it has been observed that the remarks/comments made by the charged officer on social media are not made with any specific motive. In his comments he has made use of random words such as “Mirinda Monkeys”. “Fanta Monkeys” which do not point at any particular person/policy of the Union of State Government. Thus his intention, as stated by him, while disseminating such messages appears to be purely for entertainment purpose rather than with the intention of tarnishing the image of the Government or criticizing any of its policies.

Moreover, he has in his statement humbly submitted that after realizing that his actions could be interpreted objectionably and could tantamount to indulgence in an act of unbecoming of a Government Servant, he immediately deleted the messages from the Facebo