The Madhya Pradesh High Court has ruled that complaints of workplace sexual harassment must be investigated strictly through the Internal Complaints Committee (ICC) constituted under the POSH Act, and not through any separately appointed inquiry officer.
Justice Ashish Shroti passed the order while hearing a petition filed by Dr. Sajan Kurien Mathew, whose services had been terminated by a university after a departmental inquiry into allegations made by students. The Court quashed the termination order and directed the university to place the complaints before the competent ICC or Local Complaints Committee (LCC).
Background of the Case
According to the record, complaints alleging sexual harassment were made by students against the petitioner in March 2025. Following the complaints, the university constituted a Students’ Grievance Redressal Committee (SGRC) under UGC Regulations, 2023.
An FIR was also registered against the professor under provisions of the Bharatiya Nyaya Sanhita. The SGRC later observed that although statements of complainants were recorded, no supporting evidence had been produced before it. The committee also noted that the matter was already under police investigation.
The university subsequently transferred the professor to Bhopal and later suspended him for not complying with the transfer order. A departmental charge-sheet was then issued alleging misconduct and sexual harassment.
Later, a retired Principal District Judge was appointed as Inquiry Officer by the Vice-Chancellor. Based on the inquiry report and subsequent proceedings, the university terminated the professor’s services on December 31, 2025.
Court’s Observations
Before the High Court, the petitioner argued that the inquiry itself was illegal because Rule 14 of the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules makes the ICC the designated inquiry authority in sexual harassment complaints.
The Court examined the Vishaka guidelines, the POSH Act, UGC Regulations of 2015, and the amended service rules. Justice Shroti observed that Parliament and the Supreme Court had created a “carefully crafted mechanism” for handling such complaints.
The Court said allowing employers to create parallel inquiry bodies outside the POSH framework would defeat the purpose of the law.
“The disciplinary authority is, in fact, denuded of its power to appoint enquiry officer in cases of sexual harassment,” the Court observed while interpreting Rule 14(2) of the CCA Rules.
Justice Shroti further noted that inquiries outside the POSH mechanism could compromise confidentiality and expose proceedings to undue influence.
The Court also clarified that universities are required to constitute ICCs in accordance with the UGC Regulations, 2015, specifically meant for handling complaints of sexual harassment in higher educational institutions.
Decision
Holding that the university’s entire disciplinary process violated the POSH Act and UGC Regulations, the High Court quashed the termination order dated December 31, 2025.
The Court directed the university to immediately place the complaints before the appropriate ICC or LCC for fresh proceedings in accordance with law. Pending that process, the petitioner was ordered to be reinstated in service and permitted to join at his transferred posting in Bhopal.
Case Details
Case Title: Dr Sajan Kurien Mathew v. State of Madhya Pradesh and Others
Case Number: Writ Petition No. 1662 of 2026
Judge: Justice Ashish Shroti
Decision Date: 15 May 2026
