Delhi High Court Affirms PoSH Act's Authority, Invalidates College's Suspension.

The Delhi High Court ruled that forming a parallel fact-finding body for workplace sexual misconduct allegations contravenes the PoSH Act. The court invalidated a Delhi University college principal's suspension after a fact-finding committee bypassed the internal complaints committee protocol, stressing the ICC's designated role in inquiries.

In a landmark judgment, the Delhi High Court has determined that forming a parallel fact-finding committee in instances of workplace sexual misconduct, as opposed to directly involving an internal complaints committee (ICC), is in violation of the PoSH Act provisions.

Justice Purushaindra Kumar Kaurav emphasized that the PoSH Act of 2013 constitutes a comprehensive mechanism designed to address such allegations via the ICC or local committee. The court held that any alternative approach is contrary to the law and principles of natural justice.

The court's decision resulted in the annulment of a suspension order against a Delhi University college principal, involved in a case based on complaints from three assistant professors. The judgement underscored that issuing a suspension with stigmatic language, especially when an inquiry is ongoing, violates the presumption of innocence principle.