Govt. employees can be present in political rallies, has right of free speech, says Tripura High Court

January 11: In a significant judgement, the Tripura High Court on Friday ruled that the participation of govt.  employees in political rallies cannot be treated as political activity or be seen as a violation of service conduct rules. The Tripura High Court’s order came in response to a plea filed by Lipika Paul, a Govt. Employee (UDC), who was suspended for taking part in a rally organised by the Left Front on 31 December, 2017. Her enquiry order came four days before her retirement, leaving her stranded without benefits, even after her service tenure expired.

Chief Justice A Kureshi said, “During election times as is well known, political parties and their leaders as well as nominated candidates take out rallies and address public gatherings. Every person who is present in the audience during such addresses cannot be stated to have participated in the rally. ” The order distinguishes between expression of political opinion and indulgence in political activity and is likely to impact how similar expressions by government employees are viewed by administrations. It further stated that, “The presence of a person does not either establish his or her political affiliation.”

The court order also stated that “A  student of politics, an enthusiastic young man, a reporter or just a curious bystander all are likely to be present in any political gathering. Even an opponent or a critic of a political party may also attend the gathering. Her mere presence at a gathering, therefore, without any further allegation, would not amount to her participating in such political gathering. There is a vital difference between attending a rally and participating in a rally.”

Regarding the Facebook post by the said employee, the High Court ruled, “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. She was entitled to hold her own beliefs and express them in the manner she desired of course subject to not crossing the borders laid down in sub-rule (4) of Rule 5 of the Conduct Rules.”

Finally, rejecting the government’s stand, the High Court has ordered it to drop departmental enquiry on Paul immediately and pay her dues and other benefits within two months. The order distinguishes between expression of political opinion & indulgence in political activity & is likely to impact how similar expressions by government employees are viewed by administrations.

Advocate General Arun Kanti Bhowmik said the government is studying the Court order but is yet to decide whether it will be challenged through an appeal or not.

Click Here To  Download & Read The High Court Judgement (Courtesy: Livelaw.in)