The Inquiry Reports must contain definitive findings of guilt and comply with the requirements of Section 13(3) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

1. By this writ petition under Article 226 of the Constitution of India the petitioner impugns the reports dated 30.6.2015 & 12.2.2016 submitted by the Internal Complaints Committee (ICC) of the respondent no. 2/Dayal Singh Evening College. The ICC was constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as the Act), on account of complaints against the petitioner of the respondent nos. 3 to 5 in this writ petition.

2. On behalf of the petitioner these reports are challenged on two counts. First count is that the report only gives a prima facie conclusion of the complaints having substance without the report actually giving a definite conclusion and holding the charges against the petitioner to be proved, and which aspects are very much required under Section 13(3) of the Act. The second count is that the two reports dated 30.6.2015 as regards the complaints of respondent nos. 4 and 5, in such inquiry proceedings, the petitioner was not allowed to lead evidence in support of his defence. Also, it is argued that in none of the three inquiry committee proceedings, which resulted in the two reports dated 30.6.2015 and the third report dated 12.2.2016, the petitioner was given an opportunity to cross-examine the witnesses. Accordingly, for all such reasons it is argued that the Inquiry Reports are bad being violative of principles of natural justice, and thus have to be set aside.

3. On behalf of the respondent nos. 3 to 5 the contentions urged of the petitioner as regards denial of opportunity to the petitioner to lead evidence or denying opportunity to cross-examine witness, is emphatically disputed and denied.

4. In order to appreciate the first contention urged on behalf of the petitioner reference will have to be made to Section 2(n), Section 11, Section 13 and Section 18 of the Act and which Sections read as under:-

“Section 2(n) "sexual harassment" includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely:-

(i) physical contact and advances; or

(ii) a demand or request for sexual favours; or

(iii) making sexually coloured remarks; or

(iv) showing pornography; or

(v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature;

Section 11. Inquiry into complaint.-(1) Subject to the provisions of section 10, the Internal Committee or the Local Committee, as the case may be, shall, where the respondent is an employee, proceed to make inquiry into the complaint in accordance with the provisions of the service rules applicable to the respondent and where no such rules exist, in such manner as may be prescribed or in case of a domestic worker, the Local Committee shall, if prima facie case exist, forward the complaint to the police, within a period of seven days for registering the case under section 509 of the Indian Penal Code (45 of 1860), and any other relevant provisions of the said Code where applicable:

Provided that where the aggrieved woman informs the Internal Committee or the Local Committee, as the case may be, that any term or condition of the settlement arrived at under sub-section (2) of section 10 has not been complied with by the respondent, the Internal Committee or the Local Committee shall proceed to make an inquiry into the complaint or, as the case may be, forward the complaint to the police:

Provided further that where both the parties arc employees, the parties shall, during the course of inquiry, be given an opportunity of being heard and a copy of the findings shall he made available to both the parties enabling them to make representation against the findings before the Committee.

(2) Notwithstanding anything contained in section 509 of the Indian Penal Code (45 of 1860), the court may, when the respondent is convicted of the offence, orde