Mumbai, September 18: The Bombay High Court has granted major relief to Tata Institute of Social Sciences (TISS) professor Dr. Swapan Garain, quashing the order of his compulsory retirement. The case was related to the creation of a WhatsApp group without permission from the institute. The court said that merely creating a WhatsApp group could not be a basis for ending an employee’s long and successful career.

A bench comprising Justice M. S. Karnik and Justice Sandeep D. Patil, in its judgment delivered on September 16, termed the action taken by TISS disproportionate. According to the court, the main allegation against the professor was that he had created a WhatsApp group named ‘TISSians Career Impact2’. The institute had alleged that the group was being used to run a parallel placement service and that the institute’s logo was also being used.

After reviewing the WhatsApp chats, the court said that the group was mainly being used to share information related to jobs and careers. The court did not find sufficient evidence that the professor had gained personal financial benefit from the activity. The court also observed that failure to obtain prior permission from the institute could not, by itself, justify such a severe punishment.

The bench also rejected the findings of the inquiry officer, describing them as incorrect and not in accordance with the record. The judgment referred to a famous saying attributed to English judge Lord Diplock, stating that “you cannot use a sledgehammer to crack a nut.”

The High Court quashed the orders related to the professor’s suspension and compulsory retirement and directed that he be given 50 percent of the back wages, along with continuity of service. The court also directed that his retirement benefits be recalculated and the outstanding amount paid within three months.