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2021 Supreme(Ker) 449

DEVAN RAMACHANDRAN
Retheesh – Appellant
Versus
Kerala State Electricity Board Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Kaleeswaram Raj, Varun C. Vijay, Thulasi K. Raj & Maitreyi Sachidananda Hegde
For the Respondent: M.K. Thankappan

JUDGMENT :

1. The petitioner, while working as a Cashier in “Mathamangalam” Electrical Section, under the Kerala State Electricity Board Ltd. (KSEB), was placed under suspension through an order dated 29.09.2016, alleging that he had posted and was disseminating defamatory online posts against the Government of Kerala and its Chief Minister, in a private “Whatsapp” group by name “Koombaram Boys”.

2. Subsequent to this, a charge memo was issued to the petitioner on 26.10.2016, with three imputations, namely:

    (a) He had posted messages denigrating the Government of Kerala and defaming the Chief Minister personally.

(b) That afore actions are contrary to the disciplinary standards of employees of the K.S.E.B. and

(c) That his action, as afore, has caused the good name of the KSEB to be dented.

3. The petitioner filed his response to the charge sheet explaining that “Koombaram Boys” was a private “Whatsapp” group and that what was posted therein had absolutely no privy or access to the public. He also explained that the messages that are attributed to him were only re-posted by him, but was circulating in the said group at the instance of various others.

4. However, this explanation was not

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