The main legal point established is that sexual harassment complaints must be handled with utmost care, and undue delay and re-examination can cause harassment and inconvenience to the parties involved. The court emphasized the responsibility of institutions in handling such complaints and held IFCI liable for the undue delay and re-examination.

JUDGMENT

Prathiba M. Singh, J.(Oral)

1. This hearing has been done through hybrid mode.

2. The Petitioner had filed a complaint dated 5th July, 2019 to the Head of HR-IFCI Factors Ltd. alleging Sexual Harassment by a senior functionary of IFCI Factors Ltd. (hereinafter 'IFL'). Thereafter, the complaint was placed before the Managing Director-IFL who in turn forwarded the complaint with his remarks to IFCI-HR & CVO, IFCI Group to take up the matter in their Internal Complaints Committee (ICC) as the accused personnel was an employee of IFCI. However, on 10th July, 2019, the General Manager, IFCI Ltd. marked the complaint back to IFL with the following noting:

"The complaint is from IFC/Factors Ltd (/FL) and relates to Sexual Harassment at Workplace, hence, it is submitted that IFL may be directed to redress as per the Sexual Harassment of Women at Workplace Prevention, Prohibition and Redressal) Act, 2013."

3. The ICC of IFL was formed on 30th July, 2019 and proceedings were initiated under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter as 'POSH Act') against the Respondent No.4. The ICC of IFL was reconstituted on 19th August 2019 and then again reconstituted on 23rd August, 2019 and 24th February, 2020.

4. The said ICC submitted a report on 11th March, 2020 directing Respondent No.4 to give a written apology. The recommendations of the said report read as:

"It has been unanimously recommended by the ICC, IFL that -

The respondent is found guilty on the basis of facts and witnesses so far as stated above, thus:

A written apology must be given by the respondent in the name of complainant to the appointing authority of ICC, IFL and to restore the modesty of the complainant, there should not be any proximity between the complainant and respondent, in order to avoid any situation causing hostile environment or confrontation between both the parties as they work in same tower.

It is also should be ensured that any such action should not appear to penalize the complainant.

Management is free to take any other measure in addition to above recommendations as per service rules and policies."

Thus, the ICC was of the view that some reparation was required for the Complainant, owing to the conduct of the Respondent no.4.

5. Vide letter dated 19th October, 2020, the ICC was informed by the Chief General Manager of IFCI Ltd. that the recommendations of the ICC were accepted by the Disciplinary Authority of IFCI and necessary orders were also issued vide letter dated 12th October, 2020. The said order reads as:

"This is with reference to Report of Internal Committee of Complaints dated March 11, 2020 in respect of a complaint received under The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The said report was forwarded by MD, IFL to IFCI vide letter dated March 12, 2020.

This is to inform that the recommendations of the Internal Committee of Complaints as mentioned in the aforesaid report have been accepted by the Disciplinary Authority of IFCI and necessary Orders in this regard have been communicated vide IFCI letter dated October 12, 2020.

This is for the information of the Committee please."

6. The Respondent No.4, however, filed an appeal to the Appellate Authority of IFCI Ltd., i.e., the Board of Directors and in the said appeal, a re-examination was directed, by the ICC of IFCI. The said order dated 11th July, 2022 reads as under:

"With reference to the aforementioned subject, it is submitted that IFL- HR is in receipt of letter Ref no. IFCI/HR/2022-110704 dated July 11, 2022, where in it has been informed that your complaint dated 05/07/2019 under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, is to be re - examined by the ICC of IFCI Ltd.

A copy of the letter ref no. IFCI/HR/2022-110704 dated July 11, 2022, annexed herewith for your perusal and reference.

Request you to acknowledge receip