Forwarding message on WhatsApp group not grounds for action: Madhya Pradesh HC quashes govt employee suspension

A government employee in Alirajpur had been chargesheeted under Rule 3 of the Civil Services (Conduct) Rules, 1965 for forwarding the allegedly objectionable message to a WhatsApp group in which several employees were participants.

The Madhya Pradesh High Court has held that the state government cannot take disciplinary action against a govt employee for allegedly forwarding political messages on a WhatsApp group. (Representational image via Canva)

Granting relief to a government employee, the Madhya Pradesh High Court has held that the state government cannot take disciplinary action against him for allegedly forwarding political messages on a WhatsApp group.

A government employee in Alirajpur had been chargesheeted under Rule 3 of the Civil Services (Conduct) Rules, 1965 for forwarding the allegedly objectionable message to a WhatsApp group in which several employees were participants.

The petitioner submitted that his six-year-old daughter was operating his mobile, and “inadvertently she forwarded the message in the group, therefore, that was not intentional and bona fide mistake and submitting apology”.

The single-judge Bench of Justice Vivek Rusia, in his order passed on February 28, said, “Even otherwise, forwarding any message in a Whatsapp group does not comes in any of the provision of Rule 3(1)(i) and (iii) of Rules of 1965.”

“If any member forwards a message in the Whatsapp group, it does not mean that it is his personal opinion. Any message in the form of text, photo or video sent in Whatsapp group is confined to the members of the said group. It cannot be said that message had been made public,” he said.

The court held that the “Whatsapp group is always formed by friends and like minded people amongst the contact list”.

“Without the prior permission, a third person cannot be added in the group. If any member of the group is not willing to continue, he may exit or delete the group from his mobile. Therefore, it is a personal and private group which has nothing to do with office work of the Government. The Government has not issued any circular or made statutory provision for Government employee/office to create Whatsapp groups, therefore, any activity of Government employee in the group cannot be linked with serious disciplinary rules,” the order said.

Story continues below this ad

The petitioner’s lawyer, Abhishek Sharda, had challenged the chargesheet against his client on the grounds that he has “not made any derogatory remarks in public and this group is only confined to the members of the group”.

“The forwarded message is not his personal opinion, it was only a message which came in his mobile from another group, which he forwarded without any intention to defame any political party or person or religion,” Sharda argued.

The respondents, including the state government, district collector and other officials, argued that the “it is not expected from the petitioner to forward such a political message even in the Whatsapp group”.

Anand Mohan J

Anand Mohan J is an award-winning Senior Correspondent for The Indian Express, currently leading the bureau’s coverage of Madhya Pradesh. With a career spanning over eight years, he has established himself as a trusted voice at the intersection of law, internal security, and public policy. Based in Bhopal, Anand is widely recognized for his authoritative reporting on Maoist insurgency in Central India. In late 2025, he provided exclusive, ground-level coverage of the historic surrender of the final Maoist cadres in Madhya Pradesh, detailing the backchannel negotiations and the "vacuum of command" that led to the state being declared Maoist-free. Expertise and Reporting Beats Anand’s investigative work is characterized by a "Journalism of Courage" approach, holding institutions accountable through deep-dive analysis of several key sectors: National Security & Counter-Insurgency: He is a primary chronicler of the decline of Naxalism in the Central Indian corridor, documenting the tactical shifts of security forces and the rehabilitation of surrendered cadres. Judiciary & Legal Accountability: Drawing on over four years of experience covering Delhi’s trial courts and the Madhya Pradesh High Court, Anand deconstructs complex legal rulings. He has exposed critical institutional lapses, including custodial safety violations and the misuse of the National Security Act (NSA). Wildlife Conservation (Project Cheetah): Anand is a leading reporter on Project Cheetah at Kuno National Park. He has provided extensive coverage of the biological and administrative hurdles of rewilding Namibian and South African cheetahs, as well as high-profile cases of wildlife trafficking. Public Health & Social Safety: His recent investigative work has uncovered systemic negligence in public services, such as contaminated blood transfusions causing HIV infections in thalassemia patients and the human cost of the fertilizer crisis affecting rural farmers. Professional Background Tenure: Joined The Indian Express in 2017. Locations: Transitioned from the high-pressure Delhi City beat (covering courts, police, and labor issues) to his current role as a regional lead in Madhya Pradesh. Notable Investigations: * Exposed the "digital arrest" scams targeting entrepreneurs. Investigated the Bandhavgarh elephant deaths and the impact of kodo millet fungus on local wildlife. Documented the transition of power and welfare schemes (like Ladli Behna) in Madhya Pradesh governance. Digital & Professional Presence Author Profile: Anand Mohan J at Indian Express Twitter handle: @mohanreports ... Read More

Stay updated with the latest - Click here to follow us on Instagram

Tags:
Madhya Pradesh