Order regarding suspension of govt school teacher for sending WhatsApp message criticising the State government stayed: Rajasthan High Court
The High Court of Rajasthan, through learned judge, Justice Ashok Kumar Gaur in the case of Lava Kumar Sharma vs State of Rajasthan and Ors (S.B. Civil Writ Petition No. 7349/2021) stayed order regarding suspension of govt school teacher for sending WhatsApp message criticising the State government.
BRIEF FACTS OF THE CASE: The petitioner submitted that the petitioner was a Senior Teacher (Mathematics) working at Government Senior Secondary School Babedi, Bansur, District Alwar. The petitioner was placed under suspension by the respondents, exercising powers under Rule 13 of the Rajasthan Civil Services (Classification, Control and Appeals) Rules, 1958. It was alleged in the order of suspension that the petitioner had sent messages through WhatsApp on social media against the State Government and a particular Political Party & further by sending such messages/video/photo, the petitioner had shown total disregard to the norms required to be maintained by a Government Servant. The order was put to challenge before the Rajasthan Civil Services Appellate, Tribunal by filing appeal but to no avail. Learned counsel for the petitioner submitted that the alleged act of the petitioner cannot be termed as a misconduct for which an enquiry can be conducted against him or he was required to be placed under suspension.
FINDINGS OF THE COURT: After hearing the contentions raised by both the parties. The court held that the matter requires consideration and that in the meanwhile, effect and operation of the suspension order 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. This Court further remarked that it found that the matter required consideration by the High Court and as such the Tribunal was restrained to proceed in the appeal.
.JUDGEMENT REVIEWED BY – AMRUTHA K