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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.I.CHAGLA, ADVAIT M.SETHNA
Arun A. Iyer – Appellant
Versus
Board Of Governors, Indian Institute Of Techcnology – Respondent
| Table of Content |
|---|
| 1. writ petition challenges posh compulsory retirement order. (Para 1 , 2 , 3 , 4) |
| 2. timeline of posh complaint, icc inquiry, and disciplinary actions. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 3. ccs rules mandate formal charge-sheet after posh icc report. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 4. posh icc report valid inquiry; policy prevails over ccs. (Para 32 , 33 , 34 , 35 , 36 , 38 , 39 , 40 , 41) |
| 5. icc report constitutes first-stage inquiry; natural justice complied. (Para 42 , 43 , 44 , 45 , 46) |
| 6. posh section 13 allows action per iit policy, not ccs. (Para 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54) |
| 7. no double inquiry required; charges non-framing not fatal. (Para 55 , 56 , 57 , 58 , 59) |
| 8. precedents affirm posh special procedure over general rules. (Para 60 , 61 , 62 , 63) |
| 9. special posh law prevails; appeal remedy available. (Para 64 , 65 , 66 , 67) |
| 10. petition dismissed; liberty to pursue statutory appeal. (Para 68 , 69) |
JUDGMENT :
Advait M. Sethna, J.
1. Rule. Rule made returnable with the consent of the parties.
2. This Writ Petition has been filed under Article 226 of the Constitution of India praying f
ICC inquiry under POSH Act deemed departmental inquiry for sexual harassment; no separate CCS (CCA) Rules inquiry required for major penalty when institute policy prescribes compliant procedure; spec....
The inquiry by the Internal Complaints Committee (ICC) is a full-fledged enquiry, and the recommendations of the ICC report, if finalized, are binding upon the employer. The employer is obligated to ....
The Internal Complaints Committee must conduct inquiries properly as mandated by law, ensuring timely redressal of complaints of sexual harassment in the workplace.
The terms and conditions of employment of both the petitioner and the respondent No.7 crystallized with the acceptance of the appointment letter dated March 25, 2013 in case of the applicant/writ pet....
Removal of service - Sexual harassment at work place - Regular enquiry conducted by the ICC - No disciplinary enquiry is necessary and based upon ICC enquiry officer’s report, the respondents have ri....
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....
It is also settled law that if the rule requires something to be done in a particular manner it should be done either in the same manner or not at all.
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