The Bombay High Court has overturned the compulsory retirement of a professor from the Tata Institute of Social Sciences (TISS), who faced disciplinary action for setting up an alumni WhatsApp group. In the case of Swapan Garain v. TISS & Ors, the judgment was delivered by a bench comprising Justices MS Karnik and Sandesh D Patil.
The Case Background
Professor Swapan Garain was initially suspended in March 2016, culminating in his compulsory retirement in September 2017. The institution accused Garain of breaching its code of conduct by forming a WhatsApp group titled “TISSians Career Impact2” and allegedly misusing the official TISS logo. Furthermore, TISS claimed he operated an independent placement service for personal profit.
Court’s Decision
Upon review, the court dismissed the allegations as unfounded and described the inquiry officer’s conclusions as “totally perverse.” The judges closely examined the WhatsApp conversations and found no evidence suggesting that Garain was profiting from placement activities. Instead, the group merely facilitated the sharing of job opportunities among alumni. Notably, the registered TISS alumni association had not lodged any complaints against Garain.
Judicial Observations
The court opined that the severity of the penalty was disproportionate to the alleged misconduct. It emphasized that the absence of prior permission from TISS to create the group did not warrant such an extreme punishment. To illustrate, the court cited Lord Diplock, stating, “You cannot use a sledge-hammer to crack a nut.” The judgment underscored that the punishment was excessively harsh and necessitated correction under judicial review.
Reinstatement and Compensation
Consequently, the High Court annulled the orders of suspension and retirement. Professor Garain agreed to receive half of the back wages due to him. The court directed TISS to reinstate him, ensuring continuity of service until his formal retirement. Additionally, the court mandated the payment of all arrears and revised retirement benefits within a three-month period.
Advocate Jaiprakash Sawant represented Professor Garain, while Advocates Dhruva Gandhi and Dheer Sampat, briefed by MV Kini & Co, represented TISS.
