MUMBAI: The Bombay High Court on Tuesday upheld the compulsory retirement of an Indian Institute of Technology, Bombay professor found guilty of sexually harassing a student, ruling that no separate departmental inquiry was required under the law.
A division bench of Justices Riyaz I Chagla and Advait Sethna dismissed a petition filed by the professor, Arun A Iyer, challenging the disciplinary action taken by the institute.
The court held that the findings of the Internal Complaints Committee (ICC) under the Sexual Harassment of Women at Workplace Act were sufficient to impose a major penalty, and that insisting on a fresh inquiry would defeat the purpose of the statute.
The complaint against the 47-year-old professor was filed in March 2023, alleging sexual harassment of a student between March and September 2022. The ICC, after inquiry, submitted its report in December 2023 recommending his removal.
Acting on the report, the institute’s Board of Governors issued a notice, sought his response and, on June 14, 2024, ordered his compulsory retirement.
Before the court, the professor argued that the absence of a formal departmental inquiry violated legal provisions. However, IIT-B contended that the ICC report itself constituted a valid inquiry under the POSH framework.
“There is no infirmity, much less illegality,” the institute’s counsel said.
Accepting the institute’s stand, the bench observed that Section 13 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 allows action to be taken for proven acts of sexual harassment at workplace “in the manner prescribed” and section 13(2) of the IIT Act confers wide powers on the Board of Governors to impose punishment on deliquent staff members.
The bench further noted that the professor had participated at every stage and that there was no violation of principles of natural justice.
The court also held that requiring a parallel inquiry would lead to “absurdity” and dismissed the petition.
