Legal Advice

Celebration video got viral in social media amid lockdown

Question: I'm a government employee, during corona all our office staff had a bday celebration and dance. That video has been leaked to the media and they have telecasted it multiple times. It has spread in social media. This incident had made it so big that we and our families suffered a lot. Consequently, we were suspended yesterday. Can we fight on this issue?

Advise

You breached the guidelines of the central government issued for containment of COVID 19. The video became viral on social media and the government took disciplinary action against you. That video is the clinching evidence of your conduct so it will be impossible for you to deny the content of that video. 

When the government takes a disciplinary proceeding against the employee, it has to follow the rule of natural justice and procedure laid down in the service conduct rule. Whether the department has issued any show cause notice for clarification about the incident? Did the department give you a chance to prove your version against that video? 

If there are any procedural lapses then you can challenge the suspension order. First you should give a representation to the concerned competent authority to furnish the

  • Evidence
  • Statement of witness
  • Constitution of inquiry commission or board
  • Material available for framing of charges

The department is bound to furnish all the information available on the record. You have a right to claim further clarification and examination of witness before framing of charges against you. The suspension order is a major punishment. Therefore, you have the right to challenge it in the court if there are any procedural flaws.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Service & Labour

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