Bombay High Court Says WhatsApp Group Without Employer’s Permission Cannot Lead to Compulsory Retirement
The Bombay High Court has held that merely creating a WhatsApp group without taking permission from an employer cannot by itself be a sufficient reason to remove an employee from service. The court made the observation while cancelling the compulsory retirement punishment imposed on Dr. Swapan Garain, a professor at the Tata Institute of Social Sciences (TISS).
Professor Punished for Creating WhatsApp Group
Dr. Swapan Garain had created a WhatsApp group called “TISSians Career Impact2” without obtaining permission from TISS. The group was created for sharing placement and career-related information among TISS students and alumni.
TISS alleged that the professor had created a parallel placement service and was using the institute’s official logo without permission. The institute also alleged that the group was being used to obtain financial benefits and that creating such a group violated the service rules applicable to its employees.
Based on these allegations, disciplinary proceedings were initiated against the professor. He was eventually punished with compulsory retirement.
Bombay High Court Examines WhatsApp Group
A division bench of Justice Makarand Karnik and Justice Sandesh Patil examined the contents of the WhatsApp group and the findings of the disciplinary inquiry.
The court noted that there was no evidence showing that the professor had personally received or benefited from any money allegedly connected with the placement-related activities.
The judges also found that there was no clear evidence that the WhatsApp group was actually providing paid placement services. According to the court, members of the group were mainly sharing information about placement opportunities and career-related activities.
No Evidence of Personal Financial Gain
The court specifically observed that the WhatsApp chats did not show that Dr. Garain was charging money for providing placement services.
One of the chats discussed opportunities for people looking for CSR-related work in Mumbai. Other messages contained information about online services provided by the Government of India.
The court also noted that the group was intended for TISS students and alumni from different streams. Messages in the group indicated that people who were not TISS members should be removed.
According to the court, these facts did not establish that the professor was using the group for his personal financial benefit.
Use of TISS Logo Was Also Considered
The court noted that the TISS logo had initially been used in the WhatsApp group and was later removed. The judges acknowledged that the professor had not obtained permission from TISS before creating the group.
However, the court held that the absence of permission alone could not justify such a severe punishment, particularly when there was no finding that the professor had personally gained financially from the group.
Court Says Punishment Was Disproportionate
The Bombay High Court found that compulsory retirement was excessive in the circumstances of the case.
The judges observed that WhatsApp is a social media platform and that simply creating or participating in a WhatsApp group, without evidence of personal financial benefit or other serious misconduct, could not justify ending an employee’s long career.
The court also noted that Dr. Garain had guided several PhD students and had a good professional reputation.
Court Cancels Compulsory Retirement Order
The Bombay High Court therefore quashed and set aside the punishment imposed on Dr. Garain. The court held that the findings of the inquiry officer were not sustainable and that the punishment of compulsory retirement was disproportionate to the alleged misconduct.
The court also directed TISS to reinstate the professor and pay 50% of his back wages from March 2016 until the date on which he became eligible for retirement.
The judgment makes clear that while an employee may be required to follow an organisation’s rules regarding social media, branding and outside activities, merely creating a WhatsApp group without permission cannot, by itself, justify the extreme punishment of compulsory retirement.
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