Employee charged with reputation harm of the company for raising safety concerns is against freedom of speech

An employee sent some messages in a private WhatsApp group of employees raising safety concerns related to ammonia handling. Disciplinary proceedings were initiated by the company against the employee for allegedly causing harm to company’s reputation by spreading false information and libelous statements, and for unauthorized entry to the ammonia handling section. The court in WP(C) 13438/2021 held that all that has been raised in the Whatsapp group therein are concerns of safety with regard to ammonia handling. The ‘WhatsApp’ group was a private one, within the technicians of the Company. The mere expression of concern on safety cannot attract the charge in the nature as levelled against him. The court said that the petitioner is justified in his contention that his fundamental right of freedom of speech guaranteed under Article 19(1)(a) is infringed.  The court however held that the charge levelled against the employee for unauthorizedly entering the ammonia handling section and the punishment imposed for it do not call for interference by the court.