Bombay HC Protects PoSH Complainant, Quashes Transfer As Retaliatory Action

The Bombay High Court has quashed the transfer of an Assistant Professor who had lodged a sexual harassment complaint against a male colleague at the Central Sanskrit University (CSU), calling the move punitive and unjustified.

In a detailed 18-page judgment, a Division Bench of Justices Ravindra V. Ghuge and Ashwin D. Bhobe observed, “In these circumstances, it is evident from the record, the facts and the circumstances, that the temporary transfer order is unsustainable and unjustified. No teacher can be treated in this manner, and surely not a lady teacher.”

The Court was hearing a plea by Assistant Professor Reshu Singh, who had filed a complaint of sexual harassment against a male colleague at CSU. She had also registered an FIR with Gamdevi Police Station in Mumbai under Sections 354, 354-A, and 506 of the Indian Penal Code.

On September 27, 2023, a chargesheet was filed in the matter. Just three days later, on October 30, she was issued a transfer order and relieved of academic responsibilities. Within a span of 40 days, Singh was transferred first from Mumbai to Bhilwara, Rajasthan, and then to Mathura, Uttar Pradesh.

Challenging the transfer, Singh pointed out that her complaint had been brushed aside by the college’s Internal Complaints Committee (ICC), which closed the proceedings stating it could not arrive at a conclusion regarding her allegations against Dr. Manoj Dubey.

“The ICC cannot decide anything on the complaints of the Petitioner,” the committee said in its report dated July 13, 2023.

Before the High Court, Singh argued that the transfer was both punitive and arbitrary, carried out shortly after her POSH complaint. She submitted that as a permanent employee, she should have been accommodated at the Nashik campus, where the college had been shifted.

The University, on the other hand, argued that Singh’s actions, including repeated police involvement, had created a hostile environment, disrupting academics. It also claimed that a High Power Committee later found that she did not meet the required qualifications as of November 20, 2016.

Taking note of the contentions, the Court highlighted that a Guest Teacher had been placed in Singh’s position after her transfer.

“In place of the Petitioner, a Guest Teacher has been installed. There can be no debate that a Guest Teacher cannot be appointed in place of a permanent Teacher like the Petitioner, by temporarily transferring her,” the Bench observed. It added,“Moreover, the Respondents have admitted that the complaint of the Petitioner against a male co-teacher created a controversy and the Police had come to the College.”

Criticising the inaction of the ICC, the Court said, “If the ICC cannot take action on a serious complaint under POSH against a male employee, less said the better about the protection of female employees at workplaces.”

Recalling its earlier ruling in Singh’s previous plea, the Court noted that she had been kept on probation for seven years and was entitled to regularisation under the CSU scheme. It observed that her transfer order came in the wake of her POSH complaint, even as the college and students were being shifted to Nashik.

Taking into account her family circumstances, including her 3-year-old child’s medical condition, the Bench noted that Nashik was a feasible posting. It accordingly directed that she be accommodated at the Nashik campus from August 1, 2025, and also awarded her 50% back wages for the intervening period.

Additionally, the High Court directed that her POSH complaint be reopened within 15 days:

“In so far as prayer clause (d), we direct the Management to issue notice for re-opening the POSH case to all stakeholders, within 15 days from today,” the Court ordered.

Case Title: Reshu Singh vs Union of India & Ors.

 Judgment Pronounced On: June 25, 2025

Bench: Division Bench of Justice Ravindra V. Ghuge and Justice Ashwin D. Bhobe