The Bombay High Court has set aside the compulsory retirement of a Tata Institute of Social Sciences (TISS) professor over his creation of a WhatsApp group for TISS alumni and career-related opportunities, holding that the punishment was disproportionate to the conduct established on record. A Division Bench of Justice M. S. Karnik and Justice Sandesh D. Patil pronounced the judgment on September 16, 2026,
Background
Dr. Swapan Garain, who had been appointed by TISS in 1985 and was working as a Professor, was placed under suspension on March 29, 2016. The disciplinary proceedings arose from the creation of a WhatsApp group titled “TISSians Career Impact2”, which used the institute's official logo.
TISS alleged that the group amounted to a parallel placement service and that Dr. Garain was using institutional resources and information for personal gain. The allegations also included unauthorised use of the institute's logo and alleged violations of the applicable conduct rules.
An inquiry was conducted, following which Dr. Garain was compulsorily retired from service on September 6, 2017. His appeal against the disciplinary action was subsequently rejected in January 2018.
The Bench examined the WhatsApp communications forming the basis of the disciplinary action. It noted that the record did not show that Dr. Garain was charging money for placement services or that any alleged funds were diverted for his personal benefit.
The Court also considered a February 23, 2016 communication concerning a CSR opportunity in Mumbai and another message dated February 24, 2016, which indicated that the group was intended for TISS alumni. The Bench observed that members who were not TISS alumni were to be removed from the group.
The Court further noted that the registered TISS Alums Association, which had been established with the approval of TISS authorities, had neither lodged a complaint nor participated as a witness or party in the disciplinary proceedings.
The Bench observed:
“Merely because permission was not obtained from the Respondent No.1 would not be cogent ground for imposing such excessive punishment upon the Petitioner.”
It further found that the material did not establish that placement services were being offered for consideration or that any such consideration was diverted to Dr. Garain. The Court also noted that the institute's logo had initially been used but was later removed.
The High Court applied the principle of proportionality, under which disciplinary punishment must correspond to the seriousness of the misconduct established.
The Bench held:
“The punishment of compulsory retirement is grossly disproportionate.”
The Court explained that while permission had not been obtained before creating the WhatsApp group, that circumstance, by itself, was insufficient to justify compulsory retirement. It also held that the findings of the Inquiry Officer were perverse and that judicial review could intervene where disciplinary findings were unsupported by the evidence or suffered from a patent error.
The Bombay High Court allowed the writ petition and quashed the suspension order dated March 29, 2016, the compulsory retirement order dated September 6, 2017, and the appellate order dated January 16, 2018.
The Court directed TISS to reinstate Dr. Garain with 50% back wages from the date of termination until his superannuation, along with continuity of service and consequential benefits.
His retirement benefits were also directed to be recomputed, with any arrears to be paid within three months.
Case Details:
Case Title: Dr. Swapan Garain v. Tata Institute of Social Sciences & Ors.
Case Number: Writ Petition No. 1487 of 2018
Judge: Justice M. S. Karnik and Justice Sandesh D. Patil
Decision Date: September 16, 2026
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