Overview
- The division bench dismissed the professor’s writ petition and affirmed IIT Bombay’s order of compulsory retirement based on the Internal Complaints Committee report under the POSH Act.
- Judges R. I. Chagla and Advait M. Sethna held that an ICC report counts as an inquiry report under Section 13 of POSH and Rule 9 of its Rules, so a fresh departmental inquiry or charge-sheet is not required.
- The court rejected reliance on Central Civil Services disciplinary rules, stating that the special POSH framework prevails over general service rules in sexual harassment cases at work.
- The bench noted full participation by the professor in the ICC proceedings and found no breach of natural justice, after which IIT Bombay’s Board issued notice, sought his reply, and ordered compulsory retirement on June 14, 2024.
- The case arose from a March 2023 complaint alleging harassment between March and September 2022, with the ICC recommending removal in December 2023, and the ruling leaves the statutory right to appeal open.