The Delhi High Court on Friday quashed an order suspending the principal of Delhi University's Ramanujan College, Professor Rasal Singh [Prof. Rasal Singh v. University of Delhi].
The Court found that the suspension order was stigmatic and passed before a proper inquiry under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) was conducted into sexual harassment allegations against him.
The Court noted that the suspension order was passed based on the findings of an ad hoc committee, not a body set up under the POSH Act.
Justice Purushaindra Kumar Kaurav further observed that only an Internal Complaints Committee (ICC) or a Local Committee under the POSH Act has the power to probe such allegations of sexual harassment at the workplace.
The creation of another fact-finding committee in such matters is impermissible, he observed.
"The constitution of a parallel, extra-statutory committee in substitution of or prior to the ICC offends not merely the express provisions of PoSH Act but also the foundational principles of natural justice ... The creation of an ad hoc fact-finding committee, such as that formed in the instant case by the Registrar (Colleges), DU is unbeknownst to the law, and is in violation of the PoSH Act," the Court held.
The Court added that the suspension order against Prof Singh was stigmatising and, therefore, deserved to be set aside.
It noted that words such as “serious misconduct and harassment” were written in the suspension order, which caused prejudice to the principal, even before the matter was inquired into by a POSH committee.
“No person deserves to be met with such treatment, while an inquiry is pending in relation to its conduct/ actions. But for this, if the bare words of the suspension order itself become a punishment for a given accused/answering respondent, the constitutional guarantee of presumption of innocence shall get compromised," the High Court said, before quashing the suspension order.
Last year, three Assistant Professors of Ramanujan College had accused Professor Rasal Singh of sexual harassment, and complained about the same to the college authorities and Delhi University.
The Deputy Registrar of Delhi University constituted a fact-finding committee to look into the allegations. After examination of the complaints, the Committee held that the allegations were serious and referred the matter to the University's ICC.
Meanwhile, based on the fact-finding committee's report, the Chairperson of Ramanujan College passed an order suspending the principal in September 2025.
This was challenged by Professor Singh before the High Court, which stayed the suspension order on September 26 last year.
In its final verdict, the Court underscored that the committees envisaged under PoSH Act are specialized to deal with sexual harassment complaints. The constitution of another committee to deal with such matters may have serious consequences on the sanctity of the POSH inquiry, the Court added.
“For instance, the victim may be forced to enter into an environment/ atmosphere not catered and specialized for handling complaints of such sensitive nature. Moreover, such an ad hoc committee could also serve as a means to delay the substantive inquiry under the PoSH Act. The complaint of a genuine victim would then hangfire till the ad hoc committee concludes its inquiry," it explained.
The Court further clarified that an employer’s power to suspend an employee during the pendency of inquiries into sexual harassment allegations flows from service contracts, independently of the POSH Act.
“Despite the PoSH Act, not providing for the interim measure of suspension, an employer in exercise of its inherent rights, can suspend a person who is the subject-matter of an inquiry under the PoSH Act,” the Court stated.
However, such suspension orders have to be passed with due application of mind, the Court added.
In this case, the Court found that the suspension order was stigmatic and, therefore, deserved to be set aside. Accordingly, it allowed Professor Singh's plea and quashed the suspension order against him.
Senior Advocate Geeta Luthra with advocates Shalini Singh, Prashansika Thakur and Lakshay Saini appeared for the principal.
Advocates Mohinder JS Rupal, Hardik Rupal, Aishwarya Malhotra and Tripta Sharma appeared for DU.
Senior Advocate Jayant Mehta with advocates Jyoti Taneja, Shivam Malhotra and Pallav Arora appeared for the Governing Body of Ramanujan College.
[Read judgment]