High Court rules against MSRTC over driver’s dismissal based on media reports

The Aurangabad Bench of the Bombay High Court has held that the Maharashtra State Road Transport Corporation (MSRTC) cannot dismiss an employee based solely on unverified media reports, ruling that such action bypasses the mandatory procedure under the Discipline and Appeal Rules.

Justice Ajit B. Kadethankar observed that the Corporation’s reliance on television and newspaper coverage to terminate a driver without conducting a departmental inquiry was unsustainable in law.

The Court dismissed a writ petition filed by the MSRTC’s Jalgaon division challenging the orders of the Labour Court and the Industrial Court, which had directed the reinstatement of driver Anil Pratap Nikam with 50% back wages.

The case arose from an accident on July 31, 2019 on the Amalner-Indore road involving a bus driven by Nikam. Following the incident, certain television channels and newspapers carried reports alleging that the driver was in an inebriated condition at the time.

The Corporation invoked Clause 6(1) of the Discipline and Appeal Rules and terminated Nikam’s services without holding a formal inquiry. The driver then filed a complaint before the Labour Court, Jalgaon.

The Labour Court, in its order, found that the dismissal was based entirely on media reports and that the MSRTC had made no effort to independently verify the truthfulness of the allegations. The court held the action violated the principles of natural justice and the provisions of the Discipline and Appeal Rules, directing reinstatement with 50% back wages. The Industrial Court later upheld this decision.

Before the High Court, the MSRTC argued that the case fell under Clause 6(1) of the Rules, which dispenses with the requirement of a regular inquiry in certain circumstances. The Corporation submitted that the media reports constituted sufficient material to justify the action.

The Court, however, noted that the driver had never admitted to the alleged misconduct. It observed that the Corporation had not produced any material to show that an independent inquiry was carried out to confirm the accuracy of the media reports.

“In any case, the MSRTC was not justified in dismissing the petitioner by taking recourse to Rule 6(1) of the Discipline and Appeal Rules,” the Court stated in its order.

On the question of back wages, the Court found no material to hold that the findings of the lower courts were erroneous.

The Court also took note of the fact that the Labour Court’s order was passed in 2021, yet the Corporation had not reinstated the driver in the intervening period. The absence of any stay order during this period was noted.

“A decision rendered by a Court does not form ‘justice’ in its true meaning unless it is executed and implemented. A decree on paper is of no use. The authority on whom liability of decree or order of Court is casted, if fail to obey it timely, need to be dealt seriously,” the judge observed.

The High Court directed the MSRTC to reinstate Nikam within four weeks and clear the payable back wages within two weeks. The matter has been listed for April 22, 2026 for confirmation of compliance.