The main legal point established in the judgment is the requirement for the Internal Complaints Committee to adhere to the principles of natural justice and the provisions of Section 13(3) of the Act, ensuring the right of the accused to cross-examine witnesses and lead defense evidence.

GITA MITTAL, J.

1. The appellant before us has assailed the judgment dated 16th February, 2017 passed by the ld. Single Judge disposing of WP(C)No.7371/2016. By this writ petition under Article 226 of the Constitution of India, the petitioner had impugned three reports, two dated 30th June, 2015 and the third dated 12th February, 2016 which had been submitted by the Internal Complaints Committee (ICC hereafter) of the respondent no.2, that is, the Dyal Singh Evening College.

2. The ICC was constituted under The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (referred to as “the Act” hereafter). The appellant had challenged the reports inter alia on the ground that the reports only give a prima facie conclusion of the complaint having substance without formally recording any definite conclusion or holding that the charge against the appellant stood proved. It was contended that these aspects were mandatorily required to be opined upon by the ICC under Section 13 (3) of the Act.

3. The appellant has further contended in the writ petition that in the inquiry committee proceedings which culminated in the two reports dated 30th June, 2015 and third report dated 12th February, 2016, the appellant was wrongfully denied opportunity to cross-examine the witnesses.

4. The other ground which was pressed before the ld. Single Judge was that in the inquiry proceedings conducted on the reports dated 30th June, 2015 and 12th February, 2016 upon complaints of respondents no.4 and 5, the petitioner was also not permitted to lead evidence in support of his defence. Primarily, it was contended that the inquiry reports were in gross violation of principles of natural justice as well as the essential requirements of law and therefore deserved to be set aside.

5. After a detailed consideration of the rival contentions, by the impugned judgment dated 16th February, 2017, the ld. Single Judge has concluded that all the three reports of the ICC, that is, the two reports dated 30th June, 2015 and the third report dated 12th February, 2016, falls short of all the essential and mandatory requirements of sub-section (3) of Section 13 of the enactment inasmuch as they failed to record a definite conclusion regarding the petitioner being guilty of commission of alleged acts. In other words, the ICC had failed to return any categorical finding that the charges against the appellant stood proved. For this reason, the ld. Single Judge held that the reports were in violation of sub section (3) of Section 13 of the Act, and set aside the reports.

We may note that this finding by the ld. Single Judge has not been assailed by the respondents and has attained finality.

6. We may note that the private respondents no.3 to 5 had been served with advance notice as caveators were present and represented by Ms. Vibha Mahajan, ld. counsel. Respondents no.3 to 5 were thus represented when the matter was first taken up and notice was issued to the respondent no.2. Mr. Rajiv B. Samaiyan, learned counsel has put in appearance for the Dyal Singh Evening College respondent no.2, before us. With the consent of all parties, the matter has been taken up for hearing.

All counsels have been heard.

7. The appeal has been necessitated inasmuch as after recording the above finding, the ld. Single Judge has remanded the matter for consideration and drawing up fresh conclusions by the ICC. The ld. Single Judge directed that so far as further proceedings before the ICC were concerned, the ICC was simply directed “to give fresh inquiry reports on the complaints of respondents no.3 to 5 of the writ petition”. However, the ld. Single Judge did not agree with the prayer of the appellant regarding not being granted sufficient opportunity either for cross-examination of the witnesses or grant of the opportunity to lead defence.

8. Denial of the opp