ORDER

The writ petition has been filed by an Assistant working in the office of

Personnel Assistant to Collector (Agri), Theni challenging the charge memo issued to him on 01.09.2023 by the second respondent.

2.According to the learned counsel appearing for the writ petitioner, the petitioner is the State Auditor in the Tamil Nadu State Government Employees Association. A news item appeared in a weekly magazine in the month of August-2023 that the agricultural lands in Theni District are being converted as Real Estate based upon the certificate issued by the first respondent herein. Disturbed by the said news, the petitioner had communicated the said news in a WhatsApp group known as TAMSA which is a WhatsApp group meant for Tamil Nadu Agricultural Ministerial Service Association. According to the petitioner, the news was communicated literally and verbatim and it does not amount to misconduct. Therefore, the same is not in violation of Tamil Nadu Government Servants Conduct Rules,

1973.

3.The learned counsel for the petitioner had relied upon the judgment of this Court to contend that when the association activities are being discussed in a closed WhatsApp, it will not attract disciplinary proceedings. The petitioner has got a right to vent.

4.The learned counsel for the petitioner had further contended that the concerned Joint Director of Agriculture against whom the allegations were made has framed the charge memo. Hence, he prayed for setting aside the said charge memo.

5.The first respondent had filed a counter on 16.10.2023 and an additional counter was filed on 18.11.2023. In the counter affidavit, it has been contended that the petitioner has criticized the activities of the Government and the duties performed by the Joint Director of Agriculture. The petitioner has not disputed the fact that he had uploaded certain news items in the WhatsApp group. The petitioner is not an industrial employee who can rely upon the judgement of this Court in WP(MD).No.9754 of 2023. The petitioner being a Government employee has to abide by the Government

Servant Conduct Rules.

6.It is further contended that the petitioner had propagated unwanted news which affects the rights of other parties. In the news item, it is further pointed out that SC/ST employees are harassed without any reason therefore, thereby creating the rift among the Government servants.

7.In the Additional Counter filed by the new Joint Director of

Agriculture, it is contended that the writ petitioner had tried to propagate false things without any iota of truth against the entire agricultural department. The messages are not limited to the closed WhatsApp group of the employees, but it was forwarded to others also. It is further contended that based on proper material, a charge memo has been issued. Therefore, the authorities may be permitted to proceed in accordance with law.

8.I have considered the submissions made on either side and perused the material records.

9.The petitioner is working as an Assistant in the office of the Joint

Director of Agriculture at Theni. Admittedly, he is one of the administrators of a WhatsApp group by name TAMSA( Tamil Nadu Agricultural Ministerial Service Association). According to the averments in the writ petition, the petitioner has merely uploaded the news item published in the weekly Magazine in a literal and verbatim manner in the WhatsApp group and the same cannot be construed to be a misconduct under Tamil Nadu Government

Servants Conduct Rules, 1973.

10.Three documents have been annexed to the impugned charge memo.

The first document shows the photographs of some of the officials with a warning that the corruption in Theni District Agricultural Department would be released soon. The second document is not a photograph of the news magazine, but a typed news item which shows that there is a discrimination as against SC/ST employees by the Joint Director and transfers are effected against the wishes of the employees. The third document indica