MADURAI: The Madurai Bench of Madras High Court has set aside the punishment of compulsory retirement imposed by the Bharathidasan University on an associate professor on charges of sexually harassing a female student in November last year.
Justice K Kumaresh Babu set aside the punishment recently after finding that the inquiry procedure under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) had been violated. Further, he directed the Internal Complaints Committee (ICC) of the university to conduct a fresh inquiry in consonance with the POSH Act and Rules.
Justice Kumaresh passed the order while allowing a petition filed by the associate professor challenging his inquiry proceedings, which were initiated on December 6, 2024.
The judge noted that the ICC did not allow the petitioner to cross-examine witnesses. Further, he added that the varsity also failed to furnish a copy of the inquiry report to the petitioner or issue a second show cause notice before imposing the punishment.
Holding that the principles of natural justice and the procedure prescribed in the POSH Act have been violated, the judge set aside the punishment and directed the ICC to conduct an inquiry in consonance with the POSH Act and Rules, with further directions to the varsity to decide about the punishment after issuing a second show cause notice calling for further explanation.