Shimla, September 28, 2026:
The Himachal Pradesh High Court has recently delivered two significant judgments concerning disciplinary action against contractual employees of the Himachal Road Transport Corporation (HRTC) for messages shared in a private WhatsApp group.
The Himachal Pradesh High Court has quashed the termination of two contractual HRTC conductors, Suneel Kumar and Rajesh Kumar, who were dismissed over messages shared in a private WhatsApp group of HRTC conductors, highlighting the distinction between communications made on a public social-media platform and discussions taking place within a private WhatsApp group.
In separate judgments delivered on 16 September 2026, Hon’ble Justice Jyotsna Rewal Dua held that the messages were exchanged in a private, end-to-end encrypted WhatsApp group and were not posted on a public social-media platform. The Court observed that merely expressing views in such a private group could not, by itself, justify termination.
The Court also found that the contractual provisions relied upon by HRTC were not attracted. Further, the show-cause notices had already concluded that the employees were “not fit” to be retained in service, rendering the subsequent process a mere formality.
Accordingly, the Court quashed the termination orders dated 10 October 2023 and directed that both petitioners be treated as being in continuous service, with all consequential benefits in accordance with law.
Court’s Reasoning
A significant aspect of both judgments was the interpretation of the contractual clauses relied upon by HRTC.
The Court found that the clause permitting termination where the contractual employee’s conduct or performance was not satisfactory was not attracted because HRTC had not alleged that the petitioners’ overall performance or conduct as employees was unsatisfactory. Nor had a regular incumbent been appointed against their posts.
The Court also held that the contractual provision concerning “anti-management activities” did not cover the circumstances of the cases. The specific situations contemplated by the clause—such as participation in a strike, refusal to perform assigned work, or exerting political or outside pressure—were not established.
The High Court also relied upon the reasoning in A. Lakshminarayanan v. Assistant General Manager, concerning communications within private WhatsApp groups. The Court noted the distinction between a private group conversation and communication made on a public social-media platform.
Key Legal Takeaways:
The two judgments underline that disciplinary or contractual action must be supported by the specific terms of the governing contract and applicable guidelines.
the Judgments also highlight the distinction between communications made on a public social-media platform and discussions taking place within a private WhatsApp group.
The judgments further emphasise that a disciplinary authority should not reach a final conclusion regarding an employee’s continuance in service before genuinely considering the employee’s explanation.
| Case Title | Suneel Kumar v. HRTC & Another, Rajesh Kumar v. HRTC & Another, |
| Case Number | CWP No. 8073 of 2023 CWP No. 8072 of 2023 |
| Court | Hon’ble High Court of Himachal Pradesh, Shimla |
| Coram: | Hon’ble Justice Jyotsna Rewal Dua |
| Petitioner: | Suneel Kumar and Rajesh Kumar |
| Counsel for the Petitioner: | Mr. Manish Sharma, Advocate. |
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