every institution is governed by democratic norms.
Healthy criticism is a better way to govern a public
institution.”
15.The Hon'ble High Court of Kerala in WP(C)No.21994 of 2020
dated 26.03.2021 (Retheesh P.V vs. Kerala State Electricity Board Ltd)
sustained the contention of the petitioner's counsel that the posts
made in a private WhatsApp group without any access to the public
even if denigratory cannot ipso facto be construed as a disciplinary
infraction by an employee.
16.Judged by the above standard, the message posted by the
petitioner cannot be said to attract the Conduct Rules laid down by
the management.
Any employee is bound to show courtesy to the
superior officer in his dealings. But while gossiping privately with a
fellow employee, the officer may come in for all kinds of criticism. If
this had taken place over a cup of tea outside a shop, the
management could not have taken note of it.
Merely because the
same exchange took place among a group of employees on a virtual
platform with restricted access, it cannot make a difference.
17.The Hon'ble High Court of Tripura (Hon'ble The Chief Justice
Mr.Akil Kureshi) in WP(C)No.1363 of 2019 dated 09.01.2020 (Lipika
12/16