The court established that the company's Standing Orders can impose reasonable restrictions on employees' freedom of expression to maintain discipline and protect the organization's interests.

1. This writ petition is directed against the impugned charge memo dated 6.7.2017 issued by the disciplinary authority/the Chief Manager, Bottom Bench, Mine IA, Neyveli Lignite Corporation India Limited, Neyveli. The petitioner, who was appointed in the Neyveli Lignite Corporation India Limited as IW.Grade I, was given promotion as Technician Gr.III(C), Technician Gr.II(B) and Technician Gr.I(A) under the time bound promotion scheme and further promoted as Senior Technician Grade II and Grade I on 1.9.2004 and 1.9.2008 respectively. He was again further promoted as Chief Technician on 1.9.2012. He is also one of the elected Vice Presidents of CITU NLC Labour Staff Union, which is one of the recognised unions. Since the news about the outsourcing of mining work by the Neyveli Lignite Corporation Limited appeared in a daily newspaper Theekathir and subsequently uploaded in the timeline of the petitioner's facebook account by one of his friends, the disciplinary authority/fifth respondent herein, mistaking that the petitioner had posted some derogatory remarks and comments in his facebook account which is open to public view containing unverified and unsubstantiated allegations criticising the policies of the Neyveli Lignite Corporation India Limited including certain contracts awarded for outsourcing overburden removal in mines to private contractors, issued a charge memo on 6.7.2017 in Memo No.Mine-IA/HR/DA/28/2017 levelling five charges, which are given as under,

CHARGE NO.1

Shri S.Thiruarasu, CPF No.36562, Chief Technician, Mine-IA has posted derogatory remarks and comments in his Facebook account which was open to public view containing unverified and unsubstantiated allegations, criticizing NLCIL's policies and certain decisions including certain contracts awarded for outsourcing overburden removal in Mines to private contractors M/s BGR and M/s Mahalakshmi, making baseless allegations of irregularities calling for CBI investigation on the issue which exposed the company's reputation and prestige to the risk of great damage impacting its business.

By posting the disparaging comments on his Facebook account, he criticized policy and business decision of the company without any basis or information and thereby he has propagated rumor and false information through online social media which is open to public view without obtaining any permission from the Management contravening the provisions of the Standing Orders.

CHARGE NO.2

Shri S.Thiruarasu, CPF No.36562, Chief Technician, Mine-IA has posted derogatory remarks and comments in his Facebook account containing false and unverified allegations against the Hon'ble Chief Minister of Uttar Pradesh portraying him as a member of RSS, strong supporter of a particular religion and a person who always offers controversial remarks which affray the public and which is highly defamatory in nature.

By posting the disparaging comments on his Facebook account, he defamed person & character of Hon'ble Chief Minister of Uttar Pradesh portraying him as a fake religious guru and has become Chief Minister merely by reason of being a supporter of RSS and not by contesting in assembly elections, which amounts to an act subversive of discipline and in contravention to the instructions of the management.

CHARGE NO.3

Shri S.Thiruarasu, CPF No.36562, Chief Technician, Mine-IA has posted derogatory remarks and shared comments in his Facebook account carrying defamatory allegations and personally abused the Hon'ble Prime Minister of India by equating him with Adolf Hitler. He has also criticized that the Media i.e., of acting at the whims and fancies of the Corporate World, which is supported by Mr.Narendra Modi led Govt. of India, with an intent to defame the person and character of the Hon'ble Prime Minister and to malign the reputation of the Central Government in general, which amounts to an act subversive of discipline and in contravention to the instructions issued by the Management.

CHARGE NO.4

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