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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B.SNEHALATHA
Xxxxx – Appellant
Versus
Kerala Social Security Mission Represented By Its Executive Director – Respondent
| Table of Content |
|---|
| 1. petition to quash termination order. (Para 1 , 2) |
| 2. defendants assert adherence to posh act. (Para 3 , 4 , 5) |
| 3. violation of natural justice principles in inquiry. (Para 6 , 7 , 9 , 10 , 11 , 12 , 14 , 15) |
| 4. setting aside of report and fresh inquiry ordered. (Para 16) |
JUDGMENT :
M.B. Snehalatha, J.
This writ petition has been filed by the petitioners seeking to quash Ext. P2 termination order dated 14.08.2025 and also to quash all adverse findings recorded against them and to set aside Ext.P3 report of Internal Complaints Committee (ICC).
2. The grievance of the petitioners is that the termination of the 1st petitioner as per Ext. P2 order and the adverse consequences visited upon the 2nd petitioner pursuant to the enquiry conducted by the ICC of the 5th respondent is arbitrary and illegal and in gross violation of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act for short) and according to the petitioners, the enquiry was conducted by the Internal Complaints Committee (ICC) by violating the principles of natural justice. Neither the copy of the complaint nor the ICC report was supplied to them as required under
The failure to follow procedural rules in the inquiry violated principles of natural justice, rendering the Internal Complaints Committee's report invalid.
Inquiry proceedings under POSH Rules must adhere to principles of natural justice, including serving the complaint and allowing cross-examination.
A written complaint is mandatory for initiating an inquiry under the POSH Act; inquiries conducted without it are illegal.
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.
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 Internal Complaints Committee must conduct inquiries properly as mandated by law, ensuring timely redressal of complaints of sexual harassment in the workplace.
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 ....
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....
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