an employee speaks out in the social media in a general
perspective which is not inconsistent with the collective
interest of the Institution, that is part of his right of free
speech. No authority should expect one to be silent.
Survival of public Institution depends upon how it
accounts for democratic values. Free expression is the
corner stone of democratic value. Every functionary of
public power therefore, must command liberty to their
constituents.”
14.The
Hon'ble
Judge
in
WP(C)No.31703
of
2018
dated
05.12.2018 (Dr.Prasad Pannian v. The Central University of
Kerala and ors) observed as follows :
“5.Posting in a Face Book or social media has
become a matter of concern for public authorities. It is a
matter of formulation of opinion of others. As pointed out
by this Court in several judgments, in the absence of any
social media guidelines, such post has to be viewed to
find out whether it would be detrimental to the collective
interest of the University. The expression of opinion of a
teacher in regard to an action cannot be considered as a
criticism. On a glance of the Face Book posting, it can be
seen that the petitioner was sympathising a student who
has to undergo such pain and trauma of criminalisation
of his act. What would constitute a misconduct would
depend upon the nature of criticism or comment. One
cannot be prevented from expressing his views merely
because he is an employee. In a democratic society,
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