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Vineeth – Appellant
Versus
Kerala State Electricity Board Ltd. – Respondent
JUDGMENT :
Basant Balaji, J.
1. The petitioner has approached this Court for quashing Exts.P7, P13, P16 and P19 and for reinstating the petitioner back to service. A complaint was filed against him on 19.12.2022 and proceedings were initiated by the Internal Complaints Committee (hereinafter referred to as ICC) and Ext.P7 report was filed. Pursuant to Ext.P7 report, the 2nd respondent issued Ext.P8 charge memo dated 27.06.2023. Ext.P13 order was passed on 10.08.2023 appointing Smt. Anitha G. Nair, Executive Engineer, Electrical Division, Attingal as Enquiry Officer treating the report of the ICC as a preliminary one as the allegations raised against the petitioner were proved.
2. Counsel appearing for the petitioner submitted that, though proceedings were initiated by the ICC, neither the complaint nor the documents were served on the petitioner which is mandatory under Rule 7 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 (herein after referred to as 'POSH Rules') which reads as follows:
(1) Subject to the provisions of section 11, at the time of filing the complaint, the complainant shall submit
Inquiry proceedings under POSH Rules must adhere to principles of natural justice, including serving the complaint and allowing cross-examination.
The failure to follow procedural rules in the inquiry violated principles of natural justice, rendering the Internal Complaints Committee's report invalid.
A written complaint is mandatory for initiating an inquiry under the POSH Act; inquiries conducted without it are illegal.
The main legal point established is that the Presiding Officer of the Internal Complaints Committee must be a higher level woman officer in accordance with Section 4(2)(a) of the Sexual Harassment of....
The constitution and conduct of the Internal Complaints Committee (ICC) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) and the Central ....
Absence of a written complaint under the Sexual Harassment of Women at Workplace Act nullifies the validity of the inquiry and violates principles of natural justice.
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