Constitution of Adhoc Fact Finding Committee for pre-ICC PoSH Inquiry – Illegal

 Judgment dated 24.4.2026 of the High Court of Delhi in W.P. (Civil) No.14760 of 2025 of Prof.Rasal Singh  Vs.  University of Delhi and others

The petitioner – Principal of the College has challenged the powers and jurisdiction of the respondent no.2 college to pass order of suspension de hors PoSH Act as also constitution of adhoc committee & its report dated 23.6.2025.

The PoSH Act nowhere prescribes the power of suspension, nor does it seek to regulate or restrict its exercise. That domain is left entirely to the service rules and the applicable regulations of the institution.

The power of suspension is inherent in the employer, not from the PoSH Act but independently of the said Act.   It is exercisable in the context of a Posh inquiry but it is the service rules, not the PoSH Act that defines its scope, limits.

The constitution of a parallel, extra-statutory committee in substitution of or prior to the ICC, therefore, offends not merely the express provisions of PoSH Act but also the foundational principles of natural justice.

Accepting the constitution of such a extra-statutory Fact Finding Committees, has the potential of rendering otiose and nugatory the PoSH Act.

The reproduction of the nature of allegations, with emphasis on their seriousness and gravity, is not a neutral recitation of background facts. It is an editorial judgment, a characterization, which the employer is not entitled to make at the stage of suspension. The employer‘s role at this stage is limited to determining whether the continuance of the employee in service would prejudice the inquiry or is otherwise undesirable in the public interest. It does not extend to adjudicating upon or publicly affirming the character of the allegations.