Rajasthan High Court stays order suspending govt school teacher for sending WhatsApp message critical of State government

The Rajasthan High Court on Monday stayed a suspension order passed against a senior mathematics teacher working at the Government Senior Secondary School Babedi, Bansur, Alwar for allegedly sending WhatsApp messages criticizing the State government and a particular political party (Lava Kumar Sharma vs. State of Rajasthan).The suspension order was under challenge before the Rajasthan Civil Services Appellate Tribunal (Tribunal). However, the Tribunal had refused to pass an interim order while issuing notice prompting the petitioner to move the High Court.Justice Ashok Kumar Gaur observed that the matter requires consideration and restrained the Tribunal from hearing the matter further."In the meanwhile, effect and operation of the suspension order dated June 18, 2021 shall remain stayed and the petitioner would be allowed to continue at the same place where he was continuing prior to passing of the suspension order," the Court ordered..The petitioner was suspended from service by the State in exercise of powers under Rule 13 of the Rajasthan Civil Services (Classification, Control and Appeals) Rules, 1958..The State authorities reasoned that the petitioner flouted norms that are essential to be maintained by government servants while criticizing the State on social media..The counsel for the petitioner submitted that the alleged act on the petitioner’s part cannot be said to be misconduct resulting in an enquiry or suspension.The WhatsApp messages alleged to be the cause for the disciplinary action were brought before the Court, and it was submitted that the petitioner did not criticize the State Government or their policy in any manner.It was further submitted that the petitioner's expression on certain events in no way targeted the government.It was also contended that a government employee cannot be punished by way of suspension, or a departmental enquiry based on criticism of an executive order.“Expression of views by an employee should not be prevented by the State in a democratic society and further for constituting a misconduct, it will depend upon the nature of criticism or comment made by the Government Servant.”It was argued by the petitioner, that his Fundamental Right under Article 19 (1)(g) of the Constitution cannot be curtailed by the respondents under the garb of a suspension..The Court issued notice in the matter and stayed the suspension order. The matter will be heard again in August..Advocates Punit Singhvi and Ayush Singh appeared for the petitioner. .[Read Order]