Sexual Harassment at Workplace : Proceedings by improperly constitution of ICC held invalid

High Court Quashes Dismissal of Professor, Orders Reinstatement Amid Flawed ICC Proceedings. Madhya Pradesh High Court finds Internal Complaint Committee's constitution against UGC regulations, declares sexual exploitation charges unsustainable, directs fresh inquiry into question paper leak

In a significant judgment delivered by the Madhya Pradesh High Court, the dismissal of Professor Rakesh Singh from Indira Gandhi National Tribal University (IGNTU) was quashed due to procedural irregularities in the investigation process. The Court found that the Internal Complaint Committee (ICC) constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) was improperly formed, rendering its proceedings invalid. The judgment, passed by Justice Vivek Jain, highlighted the need for adherence to University Grants Commission (UGC) regulations in the constitution of ICCs.

The case stemmed from a complaint lodged by a female student alleging sexual exploitation by Professor Singh. The ICC, tasked with investigating the matter, was found to have fewer members than the nine prescribed by the UGC Regulations, thereby compromising its legitimacy. Justice Jain noted that the ICC's findings were biased and procedurally flawed, leading to the dismissal of the disciplinary authority's decision based on the ICC report.

Furthermore, the Court emphasized the limited scope of judicial review in disciplinary proceedings, intervening only in cases of "no evidence," procedural irregularities, manifest injustice, or violation of fairness principles. It highlighted that the allegations of sexual exploitation were not substantiated and were based on a relationship that predated the complainant’s admission as a student at the university. The Court stated that such charges did not relate to workplace harassment under the POSH Act.

While the High Court set aside the dismissal order, it directed a fresh inquiry into the charge of leaking question papers, the only allegation deemed worthy of further investigation. Professor Singh is to be reinstated but will remain under suspension pending the outcome of the inquiry into this specific charge.

The judgment also underscored the importance of fair procedures and evidence-based disciplinary actions within educational institutions. It pointed out that the complaint had no valid connection to the workplace, as the alleged sexual exploitation occurred before the complainant was a student, thus failing to meet the criteria under the POSH Act.

Justice Jain’s decision reflects the judiciary's role in safeguarding the rights of individuals against flawed administrative processes and ensuring justice is served in accordance with legal and procedural standards.

Statutory provision(s): Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, University Grants Commission (Prevention, Prohibition and Redressal of Sexual Harassment of Women, Employees and Students in Higher Educational Institutions) Regulations, 2015

Rakesh Singh (Professor) v. Indira Gandhi National Tribal University, (Madhya Pradesh)(Jabalpur) : Law Finder Doc id # 2795069