New Delhi, April 27: The Delhi High Court has ruled that while an employer can suspend an employee accused of sexual harassment, universities and colleges cannot form separate investigation committees outside the law.
This decision was made by Justice Purushendra Kumar Kaurav while hearing a petition from Professor Russell Singh, the principal of Ramanujan College. Singh challenged his suspension and the temporary investigation committee set up by Delhi University to address sexual harassment complaints.
The High Court annulled the suspension order against Professor Singh, stating that while the college had the authority to suspend him until the investigation was complete, the language used in the suspension order was inappropriate and defamatory, making it legally unsound.
The court emphasized that institutions have the right to suspend employees if necessary. It noted that although the law does not explicitly state that suspension is permissible during an investigation, institutions can exercise this authority.
However, the court criticized Delhi University for establishing a separate fact-finding committee before forwarding the complaint to the Internal Complaints Committee. The court stated that this approach contradicts the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, commonly known as the POSH Act.
The court clarified that the POSH Act is comprehensive in itself, and creating separate investigation committees undermines the law’s purpose. It asserted that only the committee established under the law should investigate sexual harassment complaints.
Furthermore, the court remarked that labeling someone with terms like “serious misconduct and harassment” before the investigation concludes is inappropriate, as it tarnishes the individual’s reputation.
Nonetheless, the court allowed Ramanujan College to issue a new suspension order in accordance with the law.
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My name is Narendra Jijhontiya. I am an experienced content writer with several years of expertise in the field. Currently, I contribute to Daily Kiran, creating engaging and informative content across a variety of categories including TECHNOLOGY, health, travel, education, and automobiles. My goal is to deliver accurate, insightful, and captivating information through my words to help readers stay informed and empowered.
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