HC sets aside punishment of compulsory retirement imposed on BDU professor, ICC directed to conduct inquiry as per POSH Act, Rules

The Madurai Bench of the Madras High Court has acceptable speech the punishment of compulsory status imposed connected a prof of Bharathidasan University successful Tiruchi connected charges of sexually harassing a student. The tribunal observed that the full process followed was successful implicit usurpation of the process prescribed nether the POSH Act and the Rules.

The tribunal was proceeding a petition filed by S. Ganesan of Tiruchi. The petitioner denied the allegations levelled against him. He said an enquiry was conducted without giving him an accidental and sought the quash of the proceedings. The University submitted that the petitioner was progressive successful inappropriate behaviour with the complainant and the bid was passed against him.

Justice K. Kumaresh Babu observed that the minutes of the Internal Complaints Committee of the University indicated that the complainant and the witnesses had been inquired. However, the study did not bespeak that the petitioner had been fixed an accidental to cross-examine the witnesses.

The process of enquiry followed was successful implicit usurpation of Section 11 r/w Rule 7 of the POSH Act. No accidental had been fixed to the petitioner to cross-examine the witnesses including the complainant. That apart, the syndicate resolved to enforce the punishment of compulsory retirement. The solution was made without adjacent furnishing the study arsenic required nether the POSH Act and besides without giving immoderate 2nd amusement origin announcement to the petitioner, the tribunal observed.

The tribunal directed the Internal Complaints Committee of the University to behaviour an enquiry successful consonance with Section 11 r/w Rule 7 of the POSH Act by giving indispensable accidental to the petitioner to contiguous his lawsuit and cross-examine the complainant and the witnesses and thereafter furnish the findings to the petitioner and taxable the study to the University who shall thereafter contented 2nd amusement origin announcement to the petitioner by calling for further mentation and determine the substance connected merits.