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14th October, 1993. Thereafter, on 17th December, 1993, he was elected as General Secretary of the recognized Union of Class III and Class IV of KAPP, called Kakarapar Anumathak Karamchari Sangthan. It is the claim of the appellant that until his resignation from the primary membership of the aforesaid Union on 22nd September, 1995 at the instance of the Managing Director of the Nuclear Power Corporation (respondent No.2), he acted as the General Secretary of the Union. He was a popular Union leader who always won elections with more than 3/4th majority. On 3rd May, 1994, he was declared a protected workman along with others. He claims that as the General Secretary of the Union, he was very active and always made extra efforts to see that the genuine demands of the members of the Union are accepted by the respondents. As a representative of the Union, he was regularly in contact with the Station Director, KAPP (respondent No.4). As a consequence of the Union activities, the relationship of the appellant with respondent No.4 were sour. The appellant, however, maintained working relationship with the respondents. It is also the claim of the appellant that during the monsoon season, there was heavy rain during the night of 15th June, 1994 and water at Kakarapar Dam had risen beyond the danger level. As a result, the Dam authorities had to open the flood gates. In normal circumstances, Kakarapar lake would receive the Dam water through a canal which is an interlink. The water of the lake is used by the respondents’ authorities for power generation. However, on the night of 15th July, 1994, it was the flood water, which entered in the Kakarapar lake and within no time it had also entered into the plant. Before the next morning, more than 25 feet of the turbine which is adjacent to the Nuclear reactors was submerged under water. In fact, the entire record room and computer room were washed away. That apart, some of the barrels containing nuclear wastes were also washed away by the flood water. On 16th July, 1994, the respondent authorities declared an emergency, and started taking preventive measures.

Thanking you, Yours faithfully, Sd/-
[Manojbhai Mishra] General Secretary Employee Union”

6. The appellant points out that he did not disclose any official information which he could have received during his official duty. He claims that the facts narrated in the letter were of public knowledge and a matter of public concern. This is evident from the fact that every newspapers, politicians, members of legislative assembly and other citizens expressed their concern regarding the safety of the nuclear project and as to how the said incident could have happened. The appellant had narrated the facts relating to the water logging so that in future this type of incident may not occur. The appellant relies on a newspaper Anumukti dated 22nd June, 1994 entitled “Paying the Price for Honesty and Courage”. This article points out that although mercifully no great disaster took place the event did highlight the lax attitude towards safety of the nuclear power plant authorities. The article points out some of the glaring irregularities. After pointing out the irregularities, the article concludes:-

“All this shows a criminal negligence on part of designers, operations and regulators of nuclear power in the country. And yet nobody is likely to suffer any adverse consequences at all. Nobody except Shri Manoj Mishra – the man who blew the whistle”.
xx xx xx “Mishra was immediately suspended from work for the crime of talking to the press and his suspension continues even today, five months after the event. While all those who displayed singular dereliction of duty continued merrily along, the one man who put the interest of the country above his own selfish interest has been made to suffer as an example to others that in the nuclear establishment the only ‘leaks’ that matter are leaks of authentic information.”

14. We have heard the learned counsel for the parties.

15. Mr. Prashant Bhushan, learned counsel appearing for the appellant submitted that the appellant had only done his duty as an enlightened citizen of this country in highlighting the serious lapses on the part of the authorities that could have resulted in a catastrophic accident. Learned counsel pointed out that seriousness of the accident which took place at KAPP is evident from the fact that it is mentioned in the Audit Report submitted by the department of the Atomic Energy to the Government on the safety of Indian Nuclear Installation. Learned counsel further pointed out that power supply to the KAPP could be restored only at 1510 hrs. on 16th June, 1994. Some part of the plant could be restarted only on 17th June, 1994 at 10.25 am. The report clearly indicates that during the incident Site Emergency was declared at 11.00 a.m. and terminated at 5.00 p.m. on 16th June, 1994. The Audit Report clearly indicates that the valuable feedback arising out from the three incidents which were reviewed, which indicated the incident at KAPS led to strengthening the design of the nuclear power stations in the country. Therefore, according to the learned counsel, instead of being punished, the appellant ought to have been rewarded for doing his duty as an enlightened citizen of this country. Learned counsel further pointed out that once the internal emergency had been declared, respondent Nos. 2 to 4 were under obligation to alert the Collector and District Magistrate, Surat, SDM of Vyara, Mandvi, Olpad, DSP (rural), Surat about the emergency situation. However, the KAPP authority did not alert the authorities of the district administration on 16th June, 1994. In fact the District Authority visited the site only on 23rd June, 1994 after the new stories were published in the local dailies on 22nd June, 1994. Mr. Prashant Bhushan has made a reference to the letter dated 2nd July, 1994, in which the Disciplinary Authority has informed the appellant that: