MUMBAI, March 26 -- 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, advocate Ramesh Ramamurthy, representing the professor, argued that the lack of a formal departmental inquiry violated established legal provisions. He noted that according to a October 1964 decision by the Council of IITs, Government of India rules apply when an institute lacks its own specific regulations. Since IIT-B has not framed such service rules, the counsel said that the Central Civil Services (Classification, Control and Appeal) Rules, 1965, should apply which require a departmental inquiry before the imposition of any major penalty. In response, IIT-B's counsel, Arsh Mishra, contended that the ICC report serves as a valid inquiry under the POSH framework. He said that the Disciplinary Authority's actions were consistent with legal requirements. "There is no infirmity, much less illegality," Mishra said. Accepting the institute's stand, the bench observed that Section 13 of the POSH 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 punish delinquent staff members. It further noted there was no violation of principles of natural justice and dismissed the petition. Advocates Tanveer Nizam and Surbhi Soni, representing the student, welcomed the ruling, calling the offence serious and the penalty appropriate....