The Madhya Pradesh High Court has granted relief to a government employee and ruled that the state government cannot take disciplinary action against him for allegedly forwarding political messages on a WhatsApp group.Chargesheet and defenseA government employee in Alirajpur had been chargesheeted under Rule 3 of the Civil Services (Conduct) Rules, 1965 for forwarding an allegedly objectionable message to a WhatsApp group involving several employees. The petitioner argued that his six-year-old daughter operated his mobile, inadvertently forwarding the message, and submitted an apology, stating it was not intentional.Courts decisionThe single-judge Bench of Justice Vivek Rusia, in an order passed on February 28, stated that forwarding a message on WhatsApp does not fall under the provisions of Rule 3(1)(i) and (iii) of the 1965 Rules. Justice Rusia emphasized that messages shared in a WhatsApp group are limited to its members and do not constitute a public disclosure.Private nature of WhatsApp groupsThe court highlighted that WhatsApp groups are formed by friends and like-minded individuals, with members having the autonomy to exit or delete the group if unwilling to continue. As there are no statutory provisions mandating government employees to create WhatsApp groups, the court concluded that group activities are personal and unrelated to official duties.Legal argumentsThe petitioners lawyer, Abhishek Sharda, contended that the forwarded message did not reflect his clients personal opinion and was merely shared from another group without the intent to defame any political party, person, or religion. Meanwhile, the respondents argued against forwarding political messages even within a WhatsApp group.
