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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
DEVASHIS BARUAH
Aloke Kumar Ghoshal, S/o - Sri Jagabandhu Ghoshal – Appellant
Versus
Indian Institute Of Technology – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 2 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. parties' arguments on icc authority (Para 24 , 25 , 26 , 27 , 28 , 29) |
| 3. analysis of the act of 2013 (Para 30 , 31 , 32 , 33 , 34) |
| 4. two-stage inquiry process as mandated (Para 35 , 36 , 37) |
| 5. final order and directions from the court (Para 48) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. B. Gogoi, the learned counsel appearing on behalf of the Petitioner. Mr. R.P. Kakoti, the learned Senior Counsel assisted by Mr. A.B. Dey, the learned counsel appears on behalf of the Respondent Nos. 1 to 5.
2. The present writ petition has been filed challenging the Inquiry Report dated 27.06.2022 of the Inquiry Committee constituted vide the communication dated 28.03.2022 as well as the e-mail dated 26.08.2022 issued by the Chairperson of the Internal Complaints Committee (for short, “the ICC”).
3. The brief facts which led to the filing of the instant writ petition are narrated herein under.
BREIF FACTS OF THE CASE
4. The complainant alleging that the Petitioner had sexually harassed her, is referred to as “X”.
5. X filed an FIR before the All Women Police Station, Guwahati City, which was registered as All Women P.S.
The Internal Complaints Committee must conduct inquiries properly as mandated by law, ensuring timely redressal of complaints of sexual harassment in the workplace.
The inquiry by the Internal Complaints Committee (ICC) is a full-fledged enquiry, and the recommendations of the ICC report, if finalized, are binding upon the employer. The employer is obligated to ....
The jurisdiction of the Internal Complaints Committee under the POSH Act extends beyond the respondent's workplace, allowing for inquiries at the aggrieved woman's workplace, thus upholding the Act's....
Judicial review of ICC inquiries under the PoSH Act is limited to ensuring procedural fairness, allowing flexible application of natural justice suited to complaint sensitivity without imposing rigid....
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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