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ARUN BHANSALI
Punjab National Bank – Appellant
Versus
Punjab National Bank – Respondent
JUDGMENT
1. These writ petitions have been filed by the petitioner aggrieved against the action of the respondents against the petitioner under the provisions of the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 (’the Act’) and Rules made thereunder (’the Rules’).
2. CWP No.11792/2022 was filed questioning the validity of transfer order dated 22.7.2022, consequential relieving order dated 22.7.2022, report of the Internal Complaints Committee (’ICC’) dated 15.7.2022 along with the recommendations made by it.
3. During pendency of the said writ petition, by order dated 18.8.2022, noticing various contentions raised by the petitioner and the fact that the representation made by the petitioner was pending, while issuing notices, the competent authority of the respondent-Bank was directed by this Court to decide the pending representation of the petitioner by a speaking order.
4. On decision of the representation by order dated 25.8.2022, CWP No.14558/2022 has been filed by the petitioner questioning the validity of all the previous orders i.e. transfer order dated 22.7.2022, relieving order dated 22.7.2022, report of the ICC dated 15.7.2022 alo
The court emphasized the importance of following the statutory procedure and principles of natural justice in inquiries under the Sexual Harassment of Women at Work Place Act, 2013, and directed the ....
The court emphasized the importance of following statutory provisions and principles of natural justice in conducting inquiries under the Sexual Harassment of Women at Workplace Act, 2013.
The court emphasized that an employer must await the Internal Complaints Committee's recommendation during an inquiry before transferring an employee involved in a sexual harassment complaint, as per....
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 court upheld the Central Administrative Tribunal's order for reconsideration of a transfer order under statutory provisions, affirming the validity of transfers during inquiry processes.
The judgment emphasizes the importance of conducting a regular inquiry before imposing major penalties and enabling the employee to establish innocence in cases of sexual harassment at workplaces.
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....
Removal of service - Sexual harassment at work place - Regular enquiry conducted by the ICC - No disciplinary enquiry is necessary and based upon ICC enquiry officer’s report, the respondents have ri....
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