The petitioner's counsel submitted in the court that the teacher faced the action over allegations he had levelled in his social media posts against BJP district president Uday Pratap Singh.
Maintaining that highlighting an act of wrongdoing in exercise of one’s fundamental right to freedom of speech cannot be construed as misconduct so as to warrant disciplinary action, the Allahabad High Court has quashed the suspension of a government school teacher over his social media posts alleging corruption by the BJP’s Firozabad district president.
The single bench of Justice Manju Rani Chauhan observed in its July 29 order, “Merely bringing to light an alleged act of wrongdoing, embezzlement, or any matter affecting public interest by a citizen, in exercise of his fundamental right to freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution of India, cannot, by itself, be construed as misconduct so as to warrant disciplinary action, unless such expression is shown to be prohibited by law or violative of any applicable service rule.”
The bench further stated, “This court finds that the allegation forming the basis of the suspension order is that the petitioner had posted certain messages on social media highlighting the alleged misdeeds of Uday Pratap Singh, stated to be the District President of the Bharatiya Janata Party, and that such conduct has been treated by the authorities as misconduct.”
The petitioner, Pradeep Pratap Singh, an assistant teacher at a government primary school in Firozabad, had moved the High Court challenging his suspension order issued on July 4 by the district basic education officer. He had also sought direction to the district basic education officer not to interfere with his functioning as a teacher.
The petitioner’s counsel submitted in the court that the teacher faced the action over allegations he had levelled in his social media posts against BJP district president Uday Pratap Singh.
The basic education officer first directed Pradeep Singh to delete the posts and when the latter refused, he issued his suspension order terming the messages “misconduct”, it was stated.
The petitioner alleged that his suspension order was issued at the behest of Uday Pratap Singh.
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The counsel further submitted that a show-cause notice was issued to the teacher seeking explanation over his social media posts. He also alleged that the suspension order was passed without considering his explanation and without due application of mind, calling it “arbitrary, illegal and unsustainable in law”.
Bhupendra Pandey is the Resident Editor of the Lucknow edition of The Indian Express. With decades of experience in the heart of Uttar Pradesh’s journalistic landscape, he oversees the bureau’s coverage of India’s most politically significant state. His expertise lies in navigating the complex intersections of state governance, legislative policy, and grassroots social movements. From tracking high-stakes assembly elections to analyzing administrative shifts in the Hindi heartland, Bhupendra’s reportage provides a definitive lens on the region's evolution.
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