The Bombay High Court has set aside the compulsory retirement of a Tata Institute of Social Sciences (TISS) professor who faced misconduct proceedings over the creation of a WhatsApp group for sharing career and placement-related information, holding that the punishment was grossly disproportionate in the absence of any finding that he had derived personal financial benefit.
A bench of Justices M S Karnik and Sandesh D Patil allowed the plea filed by Dr Swapan Garain, 57, and directed TISS to grant him 50 per cent back wages from the date of termination until his superannuation, along with continuity of service and all consequential benefits.
The court also directed that his retirement benefits be recalculated accordingly and any arrears be paid within three months from the date the order is uploaded.
Court Finds No Evidence Of Personal Financial Benefit
Garain had been accused of creating a WhatsApp group called “TISSians Career Impact2” without permission from the institute and using the TISS logo. The institute alleged that the group effectively operated as a parallel placement service through which students and alumni were solicited for his personal gain.
The High Court, however, found no material establishing that Garain charged money for providing placement services or that any funds allegedly raised through the group were diverted for his personal benefit.
The bench observed that WhatsApp is a social media platform and that merely starting or participating in a group, without a further finding of personal gain, could not warrant a punishment as severe as compulsory retirement.
Although Garain had initially used the TISS logo, the court noted that he subsequently removed it.
WhatsApp Chats Did Not Establish Parallel Placement Business
Examining the conversations relied upon in the disciplinary proceedings, the bench found that creation of the group appeared to have been undertaken in the normal course and did not demonstrate that Garain was running a paid placement service.
The court referred specifically to a February 23, 2016 chat concerning a corporate social responsibility opportunity in Mumbai. It noted that the message was meant to help members who might be interested in the opportunity and that the sender himself did not intend to apply.
The group also carried information about online services offered by the Government of India and was exclusively meant for “TISSians” from different streams, the court noted.
While Garain had not obtained prior approval from TISS before creating the group, the bench held that this procedural lapse by itself could not support such a harsh penalty. It termed the finding that he was operating a parallel placement service “totally perverse”.
TISS Had Alleged Breach Of Service Rules
TISS had maintained that Garain’s conduct violated the Code of Conduct applicable to its employees. According to the institute, using the official logo without permission infringed its intellectual property rights, while operating a placement-related service amounted to engaging in a business prohibited for a full-time permanent faculty member under the Service Rules.
The institute further alleged that Garain had exploited TISS resources, knowledge and information contrary to his service conditions and that the conduct also amounted to an offence under the Information Technology Act, 2000.
Garain was suspended by the Director and Disciplinary Authority of TISS on March 29, 2016. Following disciplinary proceedings, he was compulsorily retired on September 6, 2017.
Professor Challenged Inquiry And Punishment
Appearing for Garain, advocate Jaiprakash Sawant challenged both the disciplinary inquiry and the punishment. He argued that the proceedings were unfair and their findings perverse, maintaining that the allegations essentially arose from a few WhatsApp posts concerning career opportunities.
Sawant also submitted that Garain had served as a guide to PhD students and that the disciplinary action had damaged his career.
Advocate Dhruva Gandhi, representing TISS and other parties, defended the punishment as proportionate to the allegations proved against Garain. He submitted that WhatsApp conversations showed appeals to members to raise funds and the sharing of job opportunities with members and job aspirants. He also pointed out that Garain had failed to establish that he had obtained the institute’s permission before creating the group.
The High Court ultimately concluded that although the group had been created without prior approval, there was no finding that funds were used for Garain’s personal benefit. It consequently set aside the compulsory retirement and granted him 50 per cent back wages, continuity of service and consequential benefits.
