The jurisdiction of the Internal Complaints Committee under the POSH Act extends beyond the respondent's workplace, allowing for inquiries at the aggrieved woman's workplace, thus upholding the Act's intent to protect women's rights.

JUDGMENT :

J.K. Maheshwari J.

1. Assailing the final judgment dated 30.06.2023 passed by the High Court of Delhi at New Delhi (hereinafter referred to as “High Court”) in WP (C) 8624/2023 confirming the judgment dated 23.06.2023 of the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as “CAT”) in OA No. 1838/2023, the instant appeal has been preferred.

2. The jurisdictional challenge by the Appellant in the present case, inter alia relates to whether the Internal Complaints Committee (hereinafter referred to as “ICC”) constituted at a certain Department of the Government of India can entertain a complaint under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as “POSH Act”) against the Appellant who was working at a different Department of the Government of India at the relevant time.

FACTS

3. The Appellant is a 2010 batch officer of the Indian Revenue Service (hereinafter referred to as “IRS”) who, at the relevant point of time, was posted as OSD, Investigation, Central Board of Direct Taxes, Delhi. A 2004 batch Indian Administrative Service (hereinafter referred to as “IAS”) officer (hereinafter referred to as “aggrieved woman”) who was, at the relevant time, posted as Joint Secretary, Department of Food and Public Distribution alleged that on 15.05.2023, the Appellant sexually harassed her at her workplace, which was at Krishi Bhawan, New Delhi.

4. An FIR bearing No. 53/2023 was registered by the aggrieved woman against the Appellant on 16.05.2023 under Sections 354 , 354D, 506, 509 of the INDIAN PENAL CODE , 1860 (hereinafter referred to as “IPC”). As stated across the Bar, chargesheet has been filed in the said case on 09.03.2024 under Sections 354 , 354- D, 506, 509, 201 and 204 of IPC and Section 67 of the Information Technology Act, 2000 and the criminal case is pending.

5. Subsequently, a complaint under the POSH Act was presented before the ICC constituted under Section 9 of the POSH Act at the aggrieved woman’s department / workplace, i.e., the Department of Food and Public Distribution on 24.05.2023.

6. Since the present appeal arises out of the challenge to the jurisdiction of the ICC, we are not concerned with the fate of the criminal case ensuing out of the incident and are not delving into the particular facts and details as contained in the complaint.

7. Pursuant to the complaint by the aggrieved woman, the ICC through its Member Secretary issued a meeting notice/order bearing F No. 01/01/2023-ICC dated 13.06.2023 to the Appellant, scheduling a hearing for the complaint, for him to appear on 22.06.2023 along with a response to the complaint.

8. It was at this stage, the Appellant filed OA No. 1838/2023 before the CAT seeking direction to set aside the order/notice dated 13.06.2023 and all consequential proceedings arising therefrom. The CAT dismissed the OA filed by the Appellant, which has been upheld by the High Court vide the impugned order. Upon preferring the present appeal before this Court, vide order dated 18.07.2023 it was directed that the inquiry may go on, but the final outcome of the inquiry shall be kept in a sealed cover.

9. We have been informed across the Bar that the inquiry has since concluded and we have also been supplied a copy of the inquiry report and proceedings in sealed cover, which is awaiting subsequent action, subject to outcome of the present appeal.

SCHEME OF THE POSH ACT

10. The scheme of the POSH Act itself is drawn from the monumental judgment of this Court in Vishaka v. State of Rajasthan , (1997) 6 SCC 241 in a writ petition under Article 32 of the Constitution of India filed by social activists, NGOs and public-spirited persons, where this Court came up with various guidelines to enforce the fundamental right of ‘gender equality’ and ‘right to life and liberty’ under Articles 14, 15, 19(1)(g) and 21 of the Constitution of India. While coming up with the guidelines, the Court int