Government servants retain the right to free speech unless restricted by law, and mere presence at a political event does not constitute participation or misconduct under conduct rules.

JUDGMENT

1. Heard learned counsel for the parties for final disposal of the petition.

2. Petitioner has challenged the action of the respondents in placing her under suspension at the fag end of her service career and initiating departmental proceedings after the date of her superannuation. According to the petitioner, the actions are taken without any basis and only by way of victimization.

3. This petition arises in the following backgrounds:

At the relevant time the petitioner was appointed as UDC in the Fisheries Department of the Government of Tripura. She would have superannuated w.e.f. 30.04.2018. On 25.04.2018 the Director of Fisheries passed the order of suspension on the ground that the petitioner had violated Rule 5 of the Tripura Civil Services (Conduct) Rules, 1988 (hereinafter to be referred to as the Conduct Rules) by directly taking part in a political rally organized/ campaigned by a particular party at Agartala on 31.12.2017. The Director had the said issue preliminary examined and called for a report from the Joint Director of Fisheries.

4. Thereafter, under a memorandum dated 04.10.2018 the petitioner was charge-sheeted. This charge-sheet contained only one article of charge alleging that while working as a UDC the petitioner had canvassed against a political party by making defamatory and indecent comments against political leaders who were contesting election from a recognized political party in the Assembly Election of 2018. She had also canvassed and participated in the political rally held on 31.12.2017 at Agartala. It was, therefore, alleged that her conduct was in breach of Rule 5(4) of the Conduct Rules.

5. The petitioner replied to the said charge-sheet under letter dated 10.10.2018 denying all the charges.

6. It appears that the Director of Fisheries realized that reliance for issuance of the charge-sheet to Rule 5 of the Conduct Rules was erroneous. He, therefore, withdrew the charge-sheet under memorandum dated 11.05.2019 and issued a fresh memorandum of charges dated 15.06.2019 relying on Rule 9(2)(b) of the Central Civil Services (Pension) Rules, 1972 (hereinafter to be referred to as CCS (Pension) Rules). However, the article of charge and the statement of imputations of misconduct remained identical.

7. On the basis of such materials on record, learned counsel for the petitioner submitted that the initiation of inquiry is wholly mala fide and by way of victimization. The petitioner had not breached any of the service rules. Even if all the allegations made in the charge-sheet are accepted as true, no misconduct is made out. Subjecting the petitioner to protracted departmental inquiry after retirement would cause undue hardship and prejudice. On account of pendency of departmental proceedings her post retiral benefits are not finalized. The petitioner had put in more than 38 years of service without blemish. She was placed under suspension at the fag end of her service career.

8. On the other hand, learned Government Advocate opposed the petition contending that the petition is premature. The petitioner would have right to defend herself in the departmental proceedings initiated by the disciplinary authority. The question whether she has committed misconduct or not cannot be prejudged. He highlighted that as per the information of the department the petitioner had participated in a political rally and had also put Facebook post criticizing certain candidates of the rival political party. This was clearly in breach of Rul