Stories
HP High Court: Private WhatsApp Messages Not Public Criticism, Reinstates HRTC Conductor
- •The Himachal Pradesh High Court ordered the reinstatement of HRTC conductor Sunil Kumar, stating private WhatsApp conversations cannot be treated as public criticism.
- •Kumar's services were terminated by HRTC in October 2023 after he shared messages in a private WhatsApp group discussing new corporation rules.
- •The HRTC management considered Kumar's messages a violation of social media guidelines and his contract terms.
- •The High Court observed that employees have a right to express grievances and frustration, which can have a corrective effect on management.
- •The court found that HRTC had already decided Kumar was unfit for service even before issuing a show-cause notice, quashing his termination order.
Key Questions Answered
The Himachal Pradesh High Court ordered the reinstatement of HRTC conductor Sunil Kumar by ruling that private WhatsApp messages cannot be treated as public criticism. The court quashed his termination order, emphasizing that employees have a right to air grievances and vent frustration.
Sunil Kumar's services were terminated after he shared two general messages in a WhatsApp group discussing the corporation's new rules and their potential pros and cons. HRTC management considered these messages to be a violation of their social media guidelines and his contract terms.
The High Court observed that employee grievances against management are natural and can have a corrective effect if allowed to be expressed. The court stated that management should not interfere unless the expression directly harms the organization's reputation.
