Teacher suspended over posts against BJP leader; Allahabad HC revokes action

The Allahabad High Court has quashed the suspension of a government school teacher who was suspended after posting on social media about the alleged misconduct of a BJP leader, holding that the disciplinary action was arbitrary, illegal and unsustainable in law.

According to Live Law, Justice Manju Rani Chauhan, hearing a writ petition filed by teacher Pradeep Singh, ruled that the suspension order could not be sustained as it had been passed without proper application of mind, Maktoob Media reported.

Pradeep Singh, an assistant teacher at Primary School, Bhadana-II in Firozabad district, was suspended on July 4 by the District Basic Education Officer after he shared social media posts alleging wrongdoing by BJP Firozabad district president Uday Pratap Singh.

The petition claimed that the suspension was initiated at the behest of the BJP leader after the teacher allegedly refused to delete posts accusing him of wrongdoing and embezzlement, despite directions from the District Basic Education Officer.

The court observed that although a show-cause notice had been issued and the petitioner had submitted a detailed reply, the authorities passed the suspension order without considering his explanation and "without due application of mind."

The bench further held that the teacher's social media posts amounted to an exercise of his fundamental right to freedom of speech and expression under Article 19(1)(a) of the Constitution. The court said such expression, by itself, could not be treated as misconduct or attract disciplinary action unless it was prohibited by law or violated any applicable service rules.