Allahabad HC in Shailendra Kumar Rai vs. State of Uttar Pradesh (WA No. 6131/2025), upheld the suspension of an employee undergoing a sexual harassment inquiry under the PoSH Act. The Court noted that where an individual holds a position of authority, such as a departmental head, suspension pending inquiry is justified to safeguard the integrity of the process. It held that the suspension not only instills confidence among female employees but also ensures that the accused does not misuse his position to influence or intimidate the complainant or witnesses. As the IC had already found the employee at fault, the Court concluded that the employer’s decision to suspend the individual while awaiting the final disciplinary outcome was both reasonable and appropriate.
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