The Indian Express ·
Bombay High Court reinstates TISS professor fired for ‘misconduct’, grants 50% back wages
The professor was accused of creating a WhatsApp group to run a placement service, using the TISS' logo, and soliciting students for personal gain but the court held merely creating or joining a group, without proof of personal financial benefit, does not justify such a penalty.
The Bombay High Court has reinstated a Tata Institute of Social Sciences (TISS) professor with 50 per cent back wages, setting aside his compulsory retirement over misconduct allegations. The professor was accused of creating a WhatsApp group to run a placement service, using the institute’s logo, and soliciting students and alumni for personal gain. However, the court held that WhatsApp is simply a social media platform and merely creating or joining a group, without proof of personal financial benefit, does not justify such a penalty, making the punishment grossly disproportionate.
Dr Swapan Garain, 57, moved the High Court seeking reinstatement after being suspended by the Director and Disciplinary Authority, Tata Institute of Social Sciences, on March 29, 2016, and then compulsorily retired on September 6, 2017.
While dealing with his plea, a bench of Justices M S Karnik and Sandesh D Patil noted that Garain had initially used the institute’s logo but later removed it.