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The Delhi High Court affirmed that the PoSH Act provides a complete statutory system to address workplace sexual harassment complaints. The bench stressed that institutions must adhere strictly to the procedures laid down under the law.
Justice Purushaindra Kumar Kaurav delivered the verdict while hearing a plea filed by Prof Rasal Singh, Principal of Ramanujan College.
The petitioner questioned both his suspension and the formation of an ad hoc fact-finding panel constituted by Delhi University officials after complaints from faculty members.
The court struck down the suspension order issued against the petitioner, observing that although the institution had the authority to suspend him pending inquiry, the wording used made the order legally untenable.
“The said Suspension Order, in the facts of the instant case, is stigmatic in nature, deserves to be set aside,” Justice Kaurav stated.
The judgment clarified that employers still possess inherent authority to suspend an employee facing allegations, even though the PoSH Act does not explicitly mention such an interim action.
“Despite the PoSH Act not providing for the interim measure of suspension, an employer in exercise of its inherent rights can suspend a person who is the subject-matter of an inquiry under the PoSH Act,” the Delhi High Court said.
The bench criticised the decision to constitute a separate fact-finding committee before referring complaints to the Internal Complaints Committee, stating that such steps fall outside the legal framework.
The judge observed that the law does not permit authorities to create a fact-finding committee to decide whether to refer a complaint to the ICC or the Local Committee, as such action falls outside the provisions of the PoSH Act.
Warning Against Parallel Inquiries
The court highlighted that the PoSH Act establishes a self-contained structure and warned that parallel inquiries would undermine its purpose and intent.
“The constitution of such an ad hoc committee would in fact be in express derogation of the object and purpose of the PoSH Act, and also frustrate the intention of the legislature,” it said.
The judgment cautioned that conducting inquiries outside the statutory framework could weaken safeguards such as confidentiality, procedural fairness, and natural justice.
“A colleague, or prospective employer, before whose eyes pass the words ‘serious misconduct and harassment’, shall cause only an unfavourable and prejudicial impression,” Justice Kaurav said.
While setting aside the suspension, the court granted permission to the college’s governing body to issue a fresh order that complies with legal requirements and due process.
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