The disciplinary authority must formally consider and pass a reasoned order on an Internal Complaints Committee report before a right of appeal accrues to the parties under the relevant service or institutional rules.

O R D E R

08.01.2026

1. During the course of hearing, it transpires that against the report of the Internal Complaint Committee(ICC) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013 (hereinafter the ‘POSH Act’) dated 04.10.2023, modified on 25.01.2024, the petitioner had inadvertently approached the Industrial Tribunal under the POSH Act. The said appeal was withdrawn with liberty to pursue other remedies in accordance with law.

2. Thereafter, the petitioner has filed the instant petition for the following reliefs:

“(i) Issue writ of mandamus directing the Respondent to disposed of the appeal dated 13.11.2024, filed by the Petitioner preferably within two weeks.

(ii) Pass any other or further order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case in favour of the petitioner.”

3. During the course of the hearing, Mr. T Singhdev, learned counsel for the respondent points out that appeal, if any, will have to be filed under Section 18 of the POSH Act, and the petitioner in the instant case seeks disposal of the appeal by the Disciplinary Authority i.e. the Director of the respondent, which, according to him, is not possible.

4. On the other hand, Mr. Rahul Sharma, learned counsel for the petitioner, then points out IIT DELHI Rules and Procedures for the Prevention, Prohibition and Punishment of Sexual Harassment of Women at the Workplace, 2014, dated 9-10.06.2014 (hereafter ‘the IIT Rules’). He has taken the Court through the scheme of the rules, alluding to the definitions etc. and draws the attention of the Court to Rule 11.

5. According to Mr. Sharma, on completion of the enquiry at the level of ICC, the findings, thereof, will have to be placed before the Director, IIT Delhi, within a period of 10 days from the date of completion of the enquiry, along with a copy to the parties. If the Director is not the concerned disciplinary authority, the Director shall place the report before the Chairman, Board of Governors, for appropriate action. In cases where the Director is the disciplinary authority and a recommendation is made by the ICC that an allegation has been found to be proved, the Director will have to take the issue to its logical end.

6. Thereafter, Mr. Sharma draws the attention of the Court to Rule 12, where, the right to file an appeal accrues in favour of the aggrieved person. It, however, can only happen when the director bestows his consideration. According to him, that stage has not yet reached. Rule 11 and 12 of the said rules are extracted as under:

“11. Report of the Internal Complaints Committee:-

a) On the completion of the enquiry an Internal Complaints Committee shall provide a report of its findings to the Director, IIT Delhi within a period of ten days from the date of completion of the inquiry along with a copy to the parties. Where the Director is not the disciplinary authority, the Director shall place the report before the Chairman, Board of Governors, for appropriate action.

b) Where the Internal Complaints Committee arrives at a conclusion that the allegation has not been proved, it shall recommend to the Director, IIT Delhi that no action is required to be taken in the matter.

c) Where the Internal Complaints Committee arrives at a conclusion that the allegation against the respondent has been proved, it shall recommend to the Director, IIT Delhi to take action for sexual harassment as a misconduct.

d) The Internal Complaints Committee may also recommend to deduct from the salary or wages of the respondent such sum as it may consider appropriate to be paid to the complainant or her legal