The Delhi High Court on Friday set aside the suspension of Professor Rasal Singh, Principal of Delhi University’s Ramanujan College,in a sexual harrasemet matter under the POSH Act, holding the action to be legally not maintainable.
Justice Purushaindra Kumar Kaurav emphasized that only an Internal Complaints Committee (ICC) or a Local Committee under the POSH Act is empowered to inquire into the allegations of sexual harassment at workplace. The formation of any parallel or extra-statutory committee for such purposes was held to be impermissible and contrary to both the statute and principles of natural justice.
The Court observed that the suspension order was stigmatic in nature and had been issued prior to the conduct of a proper inquiry under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). It was noted that the order relied on the findings of an ad hoc fact-finding committee, rather than a statutory body constituted under the POSH framework.
The Court held that the creation of an ad hoc committee by the Registrar (Colleges), Delhi University, was not recognized by law and violated the POSH Act. It further found that the language used in the suspension order, referring to “serious misconduct and harassment” was prejudicial and effectively penalized the principal even before a proper inquiry had been conducted, thereby undermining the presumption of innocence.
The case arose from complaints of sexual harassment made by three Assistant Professors against Professor Singh in 2025. A fact-finding committee constituted by the Deputy Registrar examined the complaints and termed the allegations serious, referring the matter to the University’s ICC. Based on this report, the Chairperson of Ramanujan College suspended the principal in September 2025. The High Court had earlier stayed this suspension.
In its final judgment, the Court expressed that POSH committees are specialized bodies designed to handle sensitive complaints, and the involvement of unauthorized committees could compromise the integrity of the inquiry and delay justice. It cautioned that such parallel mechanisms might subject complainants to unsuitable environments and prolong resolution of their grievances.
The Court also clarified that while the POSH Act does not expressly provide for suspension as an interim measure, an employer may exercise such power under service rules or contractual rights. However, any such decision must be taken with due application of mind and without causing undue prejudice.
Finding the grounds of suspension flawed, the Court allowed Professor Singh’s petition and set aside his suspension.
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