Shimla. Can I lose a government job if I express my displeasure or protest, vent out anger or complain in a private WhatsApp group? Himachal Pradesh High Court has given an important decision in one such case. In one such case, the Himachal Pradesh High Court has ordered the reinstatement of a conductor working on contract in the State Transport Corporation (HRTC). Justice Jyotsna Rewal Dua of Himachal Pradesh High Court said that employees also have the right to complain or express their anger. The court said that messages sent in a private WhatsApp group cannot be considered as public criticism on the internet media.
Himachal High Court canceled the order of dismissal of petitioner Sunil Kumar on October 10, 2023 by HRTC and ordered to release him all the benefits under the valid rules of continuous service. Sunil Kumar was appointed as conductor in HRTC on contract in the year 2021. In September 2023, some conductors had formed a WhatsApp group named Himachal Parichalayak Ekta. In this, Sunil had also sent two messages regarding the review of the new rules of HRTC and the advantages and disadvantages arising from them. HRTC management called it a violation of Internet media guidelines and contractual terms. Then in October 2023, Sunil Kumar was dismissed from service.
Sunil Kumar had filed a petition in the Himachal Pradesh High Court against his dismissal. Justice Jyotsna Dua, during the hearing of the petition, said that it is natural for the employees of any organization to have complaints against the management. It is in the interest of the concerned organization to give an opportunity to such complaints, because this can improve its functioning. The court said that unless there is direct damage to the image of the organization, the management should not interfere in such matters. Himachal Pradesh High Court also found that HRTC, while issuing show cause notice to Sunil Kumar, had accepted that he was not fit to remain in service. The court accepted that this had reduced the disciplinary process to a mere formality.