Compulsory Retirement of TISS Professor for creation of WhatsApp Group for Placement
Judgment dated 15.9.2026 of the High Court of Bombay in Writ Petition No.1487 of 2018 of Dr.Swapan Garain Vs. Tata Institute of Social Sciences and others
On 13.7.1985, the petitioner was appointed as Professor in respondent no.1 TISS. It is alleged that the petitioner created a parallel WhatsApp group styled as “TISSians Career Impact2” with official logo of Institute but without the permission of the Institution in violation of Clause 21 of the Code of Conduct. The said parallel group was created for placement services in breach of his service conditions.
The WhatsApp group created by the Petitioner was nothing but virtually a placement service, soliciting students and alumni for his personal gains. According to the Respondents, this also amounted to engaging in business of placement services, which he being a full-time, permanent faculty of the Institute was prohibited from doing under the Service Rules.
After conducting the inquiry, the punishment of compulsory retirement was imposed on the petitioner.
HELD that there is no finding that, the funds which were allegedly tried to be raised were used for the benefit of the Petitioner. Although it is true that there was nothing on record to show that permission from the Respondent No.1 was obtained for formation of such group. Merely because permission was not obtained from the Respondent No.1 would not be cogent ground for imposing such excessive punishment upon the Petitioner. The finding that there was a parallel placement service is totally perverse. 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. As a matter of fact, the members of the WhatsApp group merely shared the placement offers in the industry on the WhatsApp Group. The Respondent No.4 has not bothered to consider the explanation of the Petitioner. Admittedly, the logo was initially used and was thereafter removed. WhatsApp being a social media platform, merely starting a WhatsApp group and being member of the WhatsApp group without there being further finding of any personal gain diverted to the benefit of the Petitioner, in our view, the punishment of ‘voluntarily retirement’ is grossly disproportionate.
In the present case also, the punishment which is imposed, namely, that of compulsory retirement is grossly disproportionate. In the words of Lord Diplock “you cannot use a sledge-hammer to crack a nut”. In this case, although it is true that the permission of Respondent No.1 was not taken for the purpose of starting the WhatsApp group, this itself would in our respectful opinion, not be sufficient for imposing such a disproportionate punishment. The Petitioner was a guide to many PhD students who were taking education under him. The Petitioner is a man of repute.
