11/07/2025

Employer can suspend the alleged harasser during PoSH inquiry: Kerala High Court

Employer can suspend the alleged harasser during PoSH inquiry: Kerala High Court

Kerala High Court in the case of Kamarudheen P. vs The Vice-Chancellor, Calicut University & Ors.(WA No. 117/2025)decided on  October 7, 2025 (2025 LLR WEB 544) upheld the authority of managements to suspend employee facing sexual harassment inquiry under the PoSH Act, 2013, provided such action conforms to service regulations.

The petitioner, a faculty member of Calicut University, had challenged his suspension and the disciplinary process initiated after a complaint of sexual harassment. He argued procedural lapses and delays due to the COVID-19 pandemic and ongoing police investigation.

The Division Bench, however, found that the inquiry under the PoSH Act constitutes initiation of “disciplinary proceedings” under the University Statute, validating the suspension.

Also read – Challenge to Gratuity Authority Orders Must Go Through Appellate Route: Kerala High Court

The court also noted that delays were justified by the pandemic and investigative constraints, and that the petitioner’s own adjournments contributed to the timeline.

“Suspension during a PoSH inquiry is permissible when undertaken under the service rules and forms part of the disciplinary process,” the Bench ruled.

While dismissing the appeal, the court directed the expeditious completion of the pending inquiry, affirming the procedural integrity of the university’s actions.

(Compiled from 2025 LLR Web Reports )

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