The Madurai Bench of the Madras High Court has set aside the punishment of compulsory retirement imposed on a professor of Bharathidasan University in Tiruchi on charges of sexually harassing a student. The court observed that the entire procedure followed was in complete violation of the procedure prescribed under the POSH Act and the Rules.
The court was hearing a petition filed by S. Ganesan of Tiruchi. The petitioner denied the allegations levelled against him. He said an inquiry was conducted without giving him an opportunity and sought the quash of the proceedings. The University submitted that the petitioner was involved in inappropriate behaviour with the complainant and the order 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 report did not indicate that the petitioner had been given an opportunity to cross-examine the witnesses.
The procedure of inquiry followed was in complete violation of Section 11 r/w Rule 7 of the POSH Act. No opportunity had been given to the petitioner to cross-examine the witnesses including the complainant. That apart, the syndicate resolved to impose the punishment of compulsory retirement. The resolution was made without even furnishing the report as required under the POSH Act and also without giving any second show cause notice to the petitioner, the court observed.
The court directed the Internal Complaints Committee of the University to conduct an inquiry in consonance with Section 11 r/w Rule 7 of the POSH Act by giving necessary opportunity to the petitioner to present his case and cross-examine the complainant and the witnesses and thereafter furnish the findings to the petitioner and submit the report to the University who shall thereafter issue second show cause notice to the petitioner by calling for further explanation and decide the matter on merits.
Published – October 31, 2025 10:06 pm IST
