The Delhi High Court has struck down the suspension of Professor Rasal Singh, principal of Ramanujan College, holding that the decision was legally unsustainable and violated due process under workplace harassment laws. The court observed that the suspension was imposed before a proper inquiry under the Sexual Harassment of Women at Workplace Act 2013 had been conducted.
Court flags improper inquiry mechanism
Justice Purushaindra Kumar Kaurav noted that the university relied on findings from an ad hoc fact-finding committee rather than a duly constituted internal complaints committee. Under the POSH framework, only an internal complaints committee or a local committee is authorised to investigate allegations of sexual harassment.
The court held that setting up a parallel mechanism outside the statutory framework was not just irregular but contrary to the law. It added that such committees undermine both the legal process and the principles of natural justice.
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Suspension termed 'stigmatic'.
A key concern for the court was the language used in the suspension order. Terms such as serious misconduct and harassment were cited, which the bench said cast a stigma on the principal even before any formal inquiry had concluded.
The judgment emphasised that such wording effectively punishes an individual before guilt is established, thereby weakening the constitutional principle of presumption of innocence.
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Balance between employer powers and due process
While setting aside the suspension, the court clarified that employers do retain the authority to suspend an employee during the pendency of a sexual harassment inquiry. However, such action must be taken with proper application of mind and without prejudging the outcome.
The court also warned that bypassing the statutory mechanism could delay justice for complainants and create an unsuitable environment for handling sensitive allegations. With this ruling, the High Court reinforced that adherence to due process is essential, both to protect the rights of the accused and to preserve the integrity of investigations under the POSH law.
