Bombay High Court junks MSRTC decision to reappoint employees terminated for corruption charges

A division bench of Justice Sanjay V Gangapurwala and Justice Shrikant D Kulkarni was hearing a suo motu PIL initiated by the court in 2017 after noticing that MSRTC's scheme was “against public interest”.

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The Bombay High Court. (File)

THE AURANGABAD bench of the Bombay High Court on Friday scrapped Maharashtra State Road Transport Corporation’s (MSRTC) Kutumb Suraksha Yojana, initiated in June 2016, whereby its employees — including bus conductors — terminated on account of misappropriation, were reappointed.

The court held that reinstatement of those involved in misappropriation cases and “proved to be dishonest”, cannot be termed as a “welfare act” and if the same is allowed, it would set a “bad precedent” and may adversely affect maintenance of discipline in the organisation.

A division bench of Justice Sanjay V Gangapurwala and Justice Shrikant D Kulkarni was hearing a suo motu PIL initiated by the court in 2017 after noticing that MSRTC’s scheme was “against public interest”.

Senior counsel V D Sakpal, appearing for MSRTC, referred to its affidavit to justify the scheme as an “one-time solution” taken up on “humanitarian grounds”. He said that there are around 32,000 semi-literate bus conductors, and in most cases, the conductor is the lone family member who looks after “old parents” and “children”.

Sakpal said that if conductors are dismissed for mistakes in issuing tickets and improper calculation of the cash collected, “their entire family would come on the streets and children would lose the opportunity of education”.

Advocate S S Gangakhedkar, appointed as Amicus Curiae to assist the court, said the scheme is against public policy and the “approach of showing sympathy” would give “backdoor entry” to suspended employees.

The bench observed that the decision was “arbitrary” and did not pass the “test of reasonableness and fairness”.

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“The conductor involved in a case of moral turpitude impeaches his credibility, as he has been found to have indulged in a shameful, wicked and base activity… cannot be re-employed and re-instated,” it said, adding that there must be “transparency” in decisions of a corporation.

The bench said that the scheme was introduced to reduce the burden of litigation costs.

“This cannot be allowed in the welfare state. It is necessary to strike down the impugned policy… The scheme must be thrown in the dustbin. However, those who have already been granted benefit of this scheme earlier may not be disturbed,” the HC said.

Omkar Gokhale

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More

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