Mumbai, Sep 18 The Bombay High Court has quashed an order of the Tata Institute of Social Sciences compulsorily retiring a professor for creating a WhatsApp group for TISS alumni, noting merely creating such a group without employer's nod can't be a ground to end an accomplished career.
The HC said the punishment imposed on the professor, Dr Swapan Garain, was perverse, grossly disproportionate and, quoting English barrister and Judge Lord Diplock, remarked, "you cannot use a sledge-hammer to crack a nut".
A bench of Justices M S Karnik and Sandesh Patil, in its September 16 judgment, stated that the only charge against the professor was that he had formed a WhatsApp group including alumni of TISS and was using the same to engage in the business of placement services.
The court noted the punishment order (of compulsory retirement) against Dr Garain was perverse and there was nothing to indicate he was charging money for the placement services.
The WhatsApp group was only a platform for TISS alumni to share information useful for the other group members. Merely because permission was not obtained from the institute (for creating the WA group) would not be a cogent ground to impose such an excessive punishment, the HC maintained.
It noted Garain was a man of repute and employed as a professor with the Mumbai-based institute since 1985.
"Merely starting a WhatsApp group by an employee without the permission of the organisation itself it not sufficient to put an end to the long-standing accomplished career of a person," the court observed.
The bench quashed the punishment order compulsorily retiring the professor and ordered TISS to pay 50 per cent back wages to Garain from the date of his termination till the date of his superannuation.
Garain, in his plea, had sought quashing of a 2017 order imposing the punishment of compulsory retirement on him. He also sought a direction to the TISS to reinstate him.
As per the plea, Garain was appointed in 1985 as a professor in the TISS, which is also his alma mater.
The allegation against Garain is that he had created a WhatsApp group titled 'TISSians Career Impact2' which also used the institute's logo without its management's permission. This group, it was alleged, was used for placement services, soliciting students and alumni for his personal gain.
Garain, in his plea, said he was entitled to continue in service up to the age of 65, but at 58 he was penalized with the punishment of compulsory retirement, which he claimed, was disproportionate and hence the relevant order deserves to be quashed.
