Facts
The respondent, a driver with the petitioner (MSRTC), was involved in a road accident on 31.07.2019 while driving a corporation bus
Source reference: para. 4Following the accident, television and newspaper reports alleged that the respondent was driving in an intoxicated state
Source reference: para. 4Relying solely on these media reports, MSRTC invoked Clause 6(1) of its Discipline and Appeal Rules and dismissed the respondent from service without conducting a departmental inquiry
Source reference: para. 4The respondent challenged the dismissal in the Labour Court, which found the dismissal violative of the principles of natural justice and the corporation's own rules, subsequently ordering reinstatement with 50% back wages
Source reference: para. 5This order was upheld by the Industrial Court in revision
Source reference: para. 7The petitioner approached the High Court challenging these concurrent findings.
Source reference: no citationIssues
1. Whether the petitioner was justified in dismissing the respondent without a departmental inquiry by invoking Clause 6(1) of the Discipline and Appeal Rules based on unverified media reports
Source reference: para. 102. Whether the lower courts erred in granting 50% back wages to the respondent
Source reference: para. 11-12Law Applied
The court primarily interpreted Clauses 5 and 6 of the MSRTC Discipline and Appeal Rules
Source reference: para. 9Clause 5 mandates a detailed inquiry procedure involving a charge sheet, written defense, and recording of evidence
Source reference: para. 9Clause 6 provides specific exceptions where a full inquiry may be dispensed with, such as when an employee admits guilt (Clause 6(1)), is convicted by a criminal court (Clause 6(2)), or is absconding (Clause 6(3))
Source reference: para. 9The court also applied the fundamental Principles of Natural Justice, which require that no person be condemned unheard without a fair inquiry into the truthfulness of allegations
Source reference: para. 5, 10Reasoning
The court observed that MSRTC’s reliance on Clause 6(1) was misplaced because the respondent had never admitted to the alleged guilt
Source reference: para. 10The petitioner conceded that the dismissal was based entirely on news items flashed on television and published in newspapers, without any independent inquiry conducted by the corporation to confirm the veracity of those reports
Source reference: para. 10The court reasoned that since the truthfulness of the misconduct was never established through the prescribed procedural safeguards, the summary dismissal was illegal
Source reference: para. 10Regarding the challenge to back wages, the court found that the petitioner failed to place any convincing material on record to demonstrate that the findings of the Labour and Industrial Courts were perverse or erroneous
Source reference: para. 12-13The court further noted with serious concern that MSRTC had failed to reinstate the respondent despite the 2021 order, characterizing this inaction as a "contemptuous act"
Source reference: para. 14Holding
The High Court dismissed the Writ Petition, finding no infirmity or perversity in the orders of the lower courts
The court held that media reports cannot substitute for a formal inquiry under the Discipline and Appeal Rules unless the specific exceptions in Clause 6 are strictly met
Source reference: para. 10The petitioner was directed to reinstate the respondent within four weeks and clear all payable back wages as per the lower courts' orders within two weeks
Source reference: para. 15The court warned that default in compliance would result in serious consequences and scheduled the matter for confirmation of compliance on 22.04.2026
Source reference: para. 15, 17Original Court PDF
MAHARASHTRA STATE ROAD TRANSPORT CORPORATION THROUGH ITS DIVISIONAL CONTROLLERvsANIL PRATAP NIKAM
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