Private WhatsApp Messages Cannot Be Treated as Public Criticism, Says Himachal Pradesh High Court

The Himachal Pradesh High Court has quashed the termination of an HRTC contract conductor who was dismissed after posting two messages in a private WhatsApp group of fellow conductors. The court held that a conversation within a private group cannot automatically be treated as public criticism on social media and said employees have a legitimate right to express grievances and frustration.

Justice Jyotsna Rewal Dua delivered the judgment on September 16, 2026, allowing the petition filed by HRTC conductor Suneel Kumar. The court set aside the October 10, 2023 termination order and directed that he be treated as continuing in service, with consequential benefits according to law. ‘Can’t Play With Right to Privacy’: Supreme Court Flags Concerns Over WhatsApp Privacy Policy, Data Sharing.

HRTC Conductor Was Dismissed Over Two WhatsApp Messages

According to the case record, Suneel Kumar was appointed as a contract-based conductor with the Himachal Road Transport Corporation (HRTC) in November 2021 after being selected through the Himachal Pradesh Staff Selection Commission process. In August 2023, HRTC issued guidelines concerning employees' conduct on social media and instant-messaging platforms. Kumar was a member of a WhatsApp group called "Himachal Parichalak Ekta", comprising HRTC conductors.

On September 4, 2023, Kumar posted two messages in the group while discussions were taking place about new HRTC rules. The messages included views on the possible impact of the rules and suggested comparing the corporation's revenue under the old and new arrangements. HRTC subsequently issued him a show-cause notice and alleged that his messages violated its social-media guidelines as well as conditions of his appointment. His services were terminated on October 10, 2023.

Court Says Private WhatsApp Group Is Different From Public Social Media

The High Court examined whether messages shared among employees in a private WhatsApp group could be treated as public criticism of HRTC. The court noted that the messages were posted in a private group of HRTC conductors rather than on a public social-media platform accessible to the general public. It also found that the corporation had not properly examined the substance of the messages or established that they amounted to prohibited criticism of HRTC policy. The court held that merely expressing views that the employer finds unpalatable cannot, by itself, justify termination. WhatsApp Group Admins Not Liable for Objectionable Content Posted by Any Members, Says Kerala High Court.

Employees Have Right to Raise Grievances

The court also addressed the broader issue of employees expressing dissatisfaction with workplace policies. It observed that employees may naturally have grievances concerning management and that allowing them to express such concerns can have a corrective effect within an organisation. The court indicated that management intervention would need justification where such expression does not directly cause harm to the organisation's reputation.

The ruling, however, was based on the circumstances of this case. The court's reasoning focused on the private nature of the WhatsApp group, the content and context of the messages, and the absence of established misconduct warranting termination.

High Court Finds Fault With Disciplinary Process

The court also found problems with the way HRTC handled the disciplinary proceedings. According to the judgment summary, the show-cause notice itself had already stated that Kumar was not fit to be retained in service before his response was considered. The High Court held that this indicated a predetermined conclusion and made the subsequent hearing largely a formality. The court therefore found the termination process to have been mechanically conducted and set aside the dismissal order.

HRTC Conductor Ordered to Be Treated as Continuing in Service

With the termination order quashed, the High Court directed HRTC to treat Suneel Kumar as continuing in service. The court also ordered that consequential service benefits be extended to him in accordance with law. The judgment therefore distinguishes between private workplace discussions and public statements on social media, while also emphasising that disciplinary action must be based on established misconduct and a fair decision-making process.

(The above story first appeared on LatestLY on Sep 23, 2026 12:16 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).