PoSH Act--Suspension Pending Inquiry--Employer Retains Inherent Power to Suspend but Order Casting Stigma Before Conclusion of Inquiry Is Liable to Be Set Aside
An employer retains inherent power to suspend an employee pending inquiry under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, notwithstanding the absence of an express provision for suspension in the Act. This power is traceable to the master-servant relationship itself and is not conferred or extinguished by the PoSH Act. Section 28 of the Act declares its provisions to be in addition to, and not in derogation of, other laws. However, the power must be exercised with application of mind and in consonance with applicable service rules. A suspension order containing language that attributes misconduct or casts stigma upon the employee prior to conclusion of inquiry is liable to be set aside.
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