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DELHI HIGH COURT
SANJEEV NARULA
Johney Reberio – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. enquiry process under posh act (Para 4 , 5 , 6) |
| 2. arguments for representation rights (Para 12 , 13) |
| 3. court's view on rule 7(6) implication (Para 14 , 15 , 16) |
| 4. limitations of representation in domestic inquiries (Para 17 , 18 , 19) |
| 5. distinction of inquiry from court proceedings (Para 20 , 21) |
| 6. petition dismissal and order (Para 22) |
JUDGMENT
Sanjeev Narula, J.(Oral)
CM APPL.44487/2022 (seeking exemption)
1. Exemption is granted, subject to all just exceptions.
2. The Petitioner shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
3. Accordingly, the application stands disposed of.
W.P.(C) 14547/2022 & CM APPL.44486/2022 (stay)
4. The Petitioner is facing an enquiry before the Internal Complaints Committee/Respondent No. 2 [`ICC'] of GIZ India constituted under provisions of the Prevention of Sexual Harassment at Workplace Act, 2013 [`POSH Act'] and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 [`Rules'].
5. Petitioner seeks to be represented in the said enquiry proceedings by a person of legal background. In this regard, he is agg
The prohibition against legal representation in domestic enquiries under Rule 7(6) of the POSH Act is upheld as necessary to maintain the integrity and intended informality of such proceedings.
The IITK Rules for inquiry under the PoSH Act were declared ultra vires, as the IIT lacked authority to frame them, violating principles of natural justice and resulting in the need for a fresh inqui....
The workman's right to choose his defense representative is restricted by the Model Standing Orders, which specify the qualifications of the defense representative.
A workman cannot engage an Advocate as a defence representative in a domestic enquiry if the management representative is not legally trained, despite the absence of specific provisions in the Model ....
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