Charge against FACT staffer a violation of his fundamental right, says Kerala HC

The Kerala High Court has observed that the management of Fertilisers and Chemicals Travancore Limited (FACT) cannot initiate disciplinary proceedings against an employee for merely expressing his concern on safety on WhatsApp group about the handling of ammonia.

The court held such charges to be violative of the fundamental right of the employee. The court made the observations, while quashing the recent disciplinary charge against Sujith T.V., Technician (Process), R and D Centre, FACT. The allegation was that he had caused harm to the company’s reputation by spreading false information and libellous statements through messages in a ‘WhatsApp’ group “Technician Official”. The company also charged him that he had created an impression among the co-workers that the company had an unsafe environment and instigated them to fight against the company.

The court observed that mere expression of concern on safety cannot attract the charge in nature as levelled against him. The petitioner was justified in his contention that his fundamental right of freedom of speech guaranteed under Article 19(1)(a) is infringed. However, the court upheld the suspension and punishment imposed on him on the charge of his unauthorised entry into the ammonia handling section of the Cochin Division.