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IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, MD.SHABBAR RASHIDI
Debjani Sengupta – Appellant
Versus
Institute Of Cost Accountants Of India – Respondent
JUDGMENT :
DEBANGSU BASAK, J.
1. Two appeals are taken up for analogous hearing as they are at the behest of the same appellant and between the same parties. Both the appeals involve similar issues.
2. Appellant filed a writ petition being WP No. 4806(W) of 2019 which was disposed of by a judgment and order dated May 3, 2019. Appellant applied for review of the judgement and order dated May 3, 2019 being RVW 128 of 2019 which was dismissed by a judgment and order dated July 4, 2023. The two appeals are directed against the judgement and orders dated May, 2019 and July 4, 2023.
3. Learned advocate appearing for the appellant submits that, appellant lodged a complaint under Section 9 of the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 on November 17, 2016 against the private respondent. Proceedings before the Internal Complain Committee (ICC) constituted under the provisions of the Act of 2013 commenced. ICC made a recommendation dated April 31, 2017 under Section 13(3) of the Act of 2013 in respect of such complaint.
4. Learned advocate appearing for the appellant submits that, appellant lodged an FIR dated May 22, 2017 with the police statio
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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....
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Independent disciplinary action by an employer under service rules is permissible even after conciliation under the Sexual Harassment of Women at Workplace Act, as Section 10(4) does not bar such inq....
The court emphasized that an employer must await the Internal Complaints Committee's recommendation during an inquiry before transferring an employee involved in a sexual harassment complaint, as per....
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