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LAW

Constituting parallel fact-finding committee against PoSH: Delhi HC

The Delhi High Court held that creating a parallel fact-finding body before or instead of the internal complaints committee under PoSH is unlawful. It set aside a college principal’s suspension in a Delhi University case, emphasizing the PoSH Act’s self-contained mechanism and limiting the employer’s role during inquiry.

Why It Matters

The ruling reinforces the PoSH Act’s designated ICC/Local Committee framework and clarifies limits on employer-initiated investigations and suspensions during sexual harassment inquiries, affecting institutional handling of such complaints.

Timeline

4 Events

May 1, 2026: Article published on the decision

May 1, 2026

An article reporting the Delhi High Court decision was published (as part of an automated news feed).

April 24, 2026: Delhi High Court judgment on PoSH parallel-fact-finding

April 24, 2026

The Delhi High Court held that the PoSH Act creates a self-contained mechanism for handling sexual harassment complaints via the ICC or Local Committee, and that any parallel or pre-ICC fact-finding body would be outside the statutory scheme. It set aside the suspension order against the principal, stating the employer’s role during inquiry is limited to assessing whether continuance in service would prejudice the inquiry or the public interest, and that the suspension order was stigmatic. The court noted that the college may issue a fresh suspension order if appropriate.

September 2025: Suspension order issued against college principal

September 2025

A suspension order was passed against a principal of a Delhi University college in September 2025 following allegations of sexual misconduct raised by three assistant professors in 2025.

2025: DU Deputy Registrar forms fact-finding committee

2025

In 2025, after the complaints by three assistant professors, the DU Deputy Registrar constituted a fact-finding committee to examine the allegations; the committee later recommended referring the complaints to the Internal Complaints Committee (ICC).