In a significant verdict, the Madhya Pradesh High Court has ruled that forwarding messages by employees in private WhatsApp groups does not reflect their personal opinion and does not warrant any disciplinary action by the government. The ruling, delivered by Justice Vivek Rusia, concluded that forwarding a message within a WhatsApp group falls outside the purview of Rule 3(1)(i) and (iii) of the Civil Services (Conduct) Rules.
The judgement, which grants relief to a state government employee suspended for forwarding political messages in a WhatsApp group, was issued in response to a petition filed by a government employee in Alirajpur, Madhya Pradesh. The petitioner, who was charge-sheeted after his six-year-old daughter inadvertently forwarded a political message while playing with his mobile phone, submitted an apology along with his defense.
Justice Vivek Rusia, in the court’s observation, emphasized that messages forwarded within WhatsApp groups are confined to the members of the group and cannot be considered as made public. Additionally, the court noted that the government has not issued any circular or statutory provision regarding the formation of WhatsApp groups for government employees. Therefore, the court held that the activities of government employees within such groups cannot be subjected to serious disciplinary rules.
The ruling sets a precedent regarding the interpretation of digital communication within the framework of civil service conduct rules, offering relief to government employees who may face similar situations in the future. It highlights the need for clarity and guidelines concerning the use of social media and messaging applications in the context of government service.
The verdict has sparked discussions and raised questions about the rights and responsibilities of government employees in digital communication platforms, particularly in private WhatsApp groups. It underscores the importance of considering context and circumstances when assessing the actions of employees in the digital realm.
Overall, the Madhya Pradesh High Court’s decision provides a nuanced perspective on the intersection of technology and government regulations, offering a balanced approach to addressing issues arising from digital communication within the civil service.
