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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY, JJ.
Renu Oraon – Appellant
Versus
State of Jharkhand and Others – Respondents
L.P.A. No. 587 of 2023
Decided On : 02-01-2024
Sexual Harassment - Constitution of Internal Complaint Committee - Challenge to constitution of ICC under Sexual Harassment of Women at Workplace Act, 2013
Fact of the Case:
The appellant challenges the constitution of the Internal Complaint Committee (ICC) under the Sexual Harassment of Women at Workplace Act, 2013, due to the involvement of members who were part of an internal inquiry adverse to the appellant and a member of the Juvenile Justice Board, which is against the spirit of the constitution of the Committee.
Finding of the Court:
The court issues notice to the respondents for filing requisites and processes, and schedules the case for a future date.
Issues: Challenge to the constitution of ICC under Sexual Harassment of Women at Workplace Act, 2013
Ratio Decidendi: The involvement of members with potential conflicts of interest in the ICC under the Sexual Harassment of Women at Workplace Act, 2013 is a ground for challenge.
Final Decision: The case is scheduled for a future date after issuing notice to the respondents.
ORDER :
1. Mr. Shailesh Poddar, the learned counsel for the appellant submits that the constitution of Internal Complaint Committee (ICC) under section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which shall now inquire into the complaint which are in the form of representations dated 22.07.2022, 03.08.2022 and 23.09.2022 at page nos. 53 to 63 of the memo of appeal, is challenged by the appellant on the ground that two members of the said Committee were part of an internal inquiry which was conducted by the Department and submitted a report which is prima-facie adverse to the appellant.
2. Mr. Shailesh Poddar, the learned counsel for the appellant further submits that one of the members of the Committee is a member of the Juvenile Justice Board at Latehar and that shall be against the spirit of the constitution of the Committee under section 4.
3. As regards the fourth member of the Committee, the stand taken by the appellant is that he was posted as a Jailor at the relevant point in time and a complaint (oral) was made to him by the appellant but he did not take any action thereon.
4. Issue notice to the respondents under registered cover with A/D as well as ordinary process for which requisites etc. should be filed within a period of two weeks.
5. Post this case on 12th February 2024.
Inquiries under the Sexual Harassment Act must be conducted where witnesses reside to ensure fairness, and parties must exhaust appellate remedies before seeking judicial review.
The Internal Complaints Committee lacks jurisdiction under the Sexual Harassment Act when allegations do not qualify as sexual harassment within its definition.
An Internal Complaints Committee under the POSH Act must be constituted to maintain impartiality and avoid conflict of interest, ensuring that the presiding officer and members meet the requisite sen....
The Act, being a Parliamentary Act, holds supremacy over subordinate legislation such as UGC's Regulations. In case of any repugnancy, the Parliamentary Act prevails. The composition of the Internal ....
The internal complaints committee must adhere to principles of natural justice, including providing findings to parties, to ensure fair inquiry under the Sexual Harassment of Women at Workplace Act.
The central legal point established in the judgment is the importance of complying with the statutory provisions and principles of natural justice in cases of alleged sexual harassment at the workpla....
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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