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D. K. SINGH
Hareesh M. S, S/o Madhavan Nair K. – Appellant
Versus
Kerala State Financial Enterprises Ltd – Respondent
JUDGMENT :
The petitioner is working as the Manager of Kerala State Financial Corporation (KSFE), Vikas Bhavan Branch, Thiruvananthapuram. The petitioner has approached this court impugning the proceedings initiated by the Internal Complaint Committee (ICC) on a complaint filed by the 3rd respondent. The petitioner has challenged the notice issued in Ext.P5 by the presiding officer of the ICC, KSFE, regional office, Thiruvananthapuram (URBAN) dated 03.07.2024 in the present writ petition.
2. The petitioner issued a memo dated 31.05.2024 to eight Junior female staff in his office for the non-achievement of a chitty canvassing target. The memo was issued asking the eight employees to furnish their explanations for the failure to comply with the work order within seven days of receipt of the memo. The eight members of the staff who were issued with the memo did not submit any proper explanation to the memo, and the petitioner reported the matter to the higher authorities of the 1st respondent on 19.06.2024.
3. On the very next day i.e., on 20.06.2024, the 3rd respondent, who is not even working in the branch headed by the petitioner along with several members of the political union from
The complaint did not constitute sexual harassment as defined under the POSH Act, leading to the conclusion that the ICC lacked jurisdiction to proceed.
The Internal Complaints Committee lacks jurisdiction under the Sexual Harassment Act when allegations do not qualify as sexual harassment within its definition.
Once allegation of sexual assault never came to be proved, mere omission, if any, on the part of the petitioner to render written apology to respondent No.3 may not be reason to initiate disciplinary....
The court emphasized the importance of adhering to the principles of natural justice and the limitations of judicial review in administrative decisions.
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....
The expansive definition of sexual harassment under the Act includes various unwelcome behaviors, and procedural delays do not invalidate complaints or inquiries.
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....
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