Govt staff can join rallies, post views on social media: HC

Agartala: Dismissing an inquiry against a retired state government employee, the chief justice of Tripura high court on Friday said that government employees can take part in political programmes, including meetings, and freely post their opinions on social media platforms, without attracting punitive measures under Rule 5 of the All India Services (Conduct) Rules.

Justice A Kureshi said that attending a political rally would not be considered as involvement in politics and government employees should have the personal liberty to post their views on social media.

Lipika Paul was dismissed from service on April 25, 2018, days before her retirement, for taking part in a political event in 2017 and making a social media post against BJP.


‘Post only expressed beliefs of petitioner’

During election time, political parties and their leaders as well as nominated candidates take out rallies and address public gatherings. Even an opponent or a critic of a political party may also attend the gathering. Her mere presence , therefore, without any further allegation, would not amount to her participation in such gathering,” the court order stated.

“Nothing contained in the said post suggests canvassing for or against any political party. It only expresses certain beliefs of the petitioner . As a government servant the petitioner is not devoid of her right of free speech, a fundamental right which can be curtailed only by a valid law. ”