The Bombay High Court has struck down the compulsory retirement of a Tata Institute of Social Sciences (TISS) professor who was penalised merely for creating an alumni WhatsApp group. [Swapan Garain v. TISS & Ors].A Bench of Justices MS Karnik and Sandesh D Patil passed the order in a petition by the professor, Swapan Garain, who was suspended in March 2016. He was later ‘compulsorily retired’ in September 2017..TISS claimed that Garain violated its code of conduct by creating a Whatsapp group named "TISSians Career Impact2". The institute alleged he used the official TISS logo. They also accused him of running a parallel placement service for personal gain..The Court entirely rejected these allegations. It declared the inquiry officer's findings to be "totally perverse."The judges reviewed the WhatsApp chats in question. They found no evidence of Garain charging money for placement services. The Bench found that the group members were merely sharing industry job offers. The registered TISS alumni association had also never filed a complaint."Merely because permission was not obtained from the Respondent No.1 (TISS) would not be cogent ground for imposing such excessive punishment upon the Petitioner," the Court observed..The Court strongly criticised the harshness of the penalty. It noted that starting an unauthorized WhatsApp group does not justify ending an accomplished career. To emphasise this point, the judges quoted Lord Diplock. "You cannot use a sledge-hammer to crack a nut," the order read."The said punishment is so strikingly excessive that it cannot be allowed to be remained uncorrected while exercising the powers of judicial review."The High Court thus quashed the suspension and retirement orders. .During the hearing, Garain agreed to accept half of his retroactive pay. So, the Court ordered TISS to reinstate Garain with 50 percent back wages. He was granted continuity of service up to his superannuation. All arrears and recomputed retirement benefits must be paid within three months, the Court directed. .Advocate Jaiprakash Sawant appeared for Garain. Advocates Dhruva Gandhi and Dheer Sampat, briefed by MV Kini & Co, appeared for TISS. .[Read order]
