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Creating WhatsApp Group Without TISS Permission Not Ground for :
The has ruled that a professor cannot be compulsorily retired merely for creating a WhatsApp group without the employer's permission, calling such punishment "" and "." The division bench of Justice M.S. Karnik and Justice Sandesh D. Patil quashed the disciplinary action against Dr. Swapan Garain, a long-serving professor at the , and ordered his with 50% .
A WhatsApp Group and a Sledgehammer: The Case of Dr. Swapan Garain
Dr. Swapan Garain joined TISS in 1985 and served as a professor at the School of Social Work. In March 2016, the institute suspended him for creating a WhatsApp group titled "TISSians Career Impact2" using the official TISS logo. TISS alleged that the group was a "parallel placement service" that violated the code of conduct, amounted to engaging in unauthorized business, and infringed intellectual property rights. A charge sheet was issued, an inquiry committee found him guilty, and in September 2017, the institute imposed the punishment of . His appeal was rejected mechanically by the appellate authority.
The Charges: A Parallel Placement Service?
The core accusation was that Dr. Garain had created the group for personal financial gain by soliciting students and alumni for placement services. The inquiry framed six issues, including whether the professor had used the institute's logo and whether his actions constituted trade or business. The inquiry officer held that the charges were proved.
The Court's Scrutiny: No Personal Gain Found
The High Court meticulously examined the WhatsApp chat history. It noted that the group was exclusively for TISS alumni, with members sharing job opportunities and information—including a CSR role at Godrej & Boyz and government online services—but without any evidence of monetary transactions or personal benefit to the professor. The chat dated , explicitly stated that the platform was for "TISSians career" and that non-members should be removed. The court found no indication that Dr. Garain was charging money or diverting funds for his own use. The institute's logo had been removed after being initially used.
"The finding that there was a parallel placement service is totally
,"
the bench observed.
"There is nothing to suggest that the placement services were offered for consideration and further the said consideration was diverted for the benefit of the Petitioner."
Key Observations: 'You Cannot Use a Sledgehammer to Crack a Nut'
The court emphasized the
, quoting Lord Diplock:
"you cannot use a
."
It held that even if the professor had failed to obtain permission for the group, that alone did not warrant the extreme penalty of
.
"Merely starting a WhatsApp group by an employee without the permission of the organisation itself is not sufficient to put an end to long standing accomplished the career of a person,"
the judgment stated.
"The punishment of
was quite disproportionate and therefore we are inclined to interfere with the said punishment."
The bench also cited , noting that any penalty disproportionate to the gravity of the misconduct violates .
The Verdict: with 50%
The court quashed the suspension order of , the order of , and the appellate order of . It directed TISS to reinstate Dr. Garain with continuity of service and all consequential benefits. Accepting the petitioner's offer to accept half the , the court ordered payment of 50% of the wages from the date of suspension until the date of superannuation. The retirement benefits are to be recomputed, and arrears must be paid within three months.
The judgment reinforces that disciplinary authorities must ensure proportionality in punishment and that courts will not hesitate to intervene when findings are or the penalty is shockingly excessive.
