The Delhi High Court has ruled that while employers retain the power to suspend employees, allegations of workplace sexual harassment must be addressed strictly under the POSH Act framework, and not through parallel fact-finding mechanisms.
In a significant judgment, Justice Purushaindra Kumar Kaurav set aside the suspension of a college principal, holding that the order was “stigmatic” and that the formation of an ad hoc inquiry committee violated statutory procedure.
Background
The case involved complaints by three Assistant Professors against the principal of Ramanujan College under the University of Delhi. The allegations, filed between March and April 2025, included conduct potentially amounting to sexual harassment.
Instead of immediately referring the matter to the Internal Complaints Committee (ICC), the university constituted an ad hoc fact-finding committee. Its report flagged serious concerns and recommended that the case be examined under the POSH framework. Based on this report, the principal was suspended in September 2025 pending inquiry.
Court’s key findings
The High Court drew a clear distinction between administrative powers and statutory obligations:
- Power to suspend upheld: The court affirmed that suspension is an inherent employer power and not derived from the POSH Act.
- Parallel probes rejected: It ruled that setting up an ad hoc committee to examine sexual harassment allegations is impermissible, as the POSH Act provides a complete legal mechanism through the ICC.
- Suspension termed “stigmatic”: The court found that the wording of the suspension order—referring to “serious misconduct and harassment”—prejudiced the employee’s reputation before a lawful inquiry.
Outcome
The court quashed the suspension order but allowed the institution to take fresh action in accordance with the law. It emphasised that any future steps must strictly follow the POSH Act and cannot dilute its procedural safeguards.
Why this matters
The ruling reinforces that institutions cannot sidestep statutory safeguards in sensitive cases like workplace sexual harassment. While administrative authority remains intact, due process under the POSH law is mandatory and exclusive.
Case: Prof. Rasal Singh vs University of Delhi & Ors. (Decision: April 24, 2026)
