Court mandates Internal Complaints Committee to conduct a preliminary inquiry as per statutory guidelines in a decade-long unresolved harassment case.
In a significant ruling on February 7, 2026, the Gauhati High Court directed the Indian Institute of Technology (IIT) Guwahati to initiate a fresh inquiry into longstanding sexual harassment allegations against a faculty member, Aloke Kumar Ghoshal. The judgment comes after procedural lapses were identified in the handling of the complaint by the institution's Internal Complaints Committee (ICC).
The case involves allegations made by a complainant, referred to as "X," who accused Ghoshal of sexual harassment, leading to an FIR being filed under Sections 376(2)(b) and 506 of the Indian Penal Code. Despite the filing of the complaint in December 2014, the ICC failed to conduct a comprehensive fact-finding inquiry, citing the ongoing sub-judice status of the criminal case as a reason to abstain from further action.
Justice Devashis Baruah, presiding over the case, highlighted the ICC's failure to adhere to statutory mandates under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The court emphasized the necessity for the ICC to conduct both a preliminary/fact-finding inquiry and, if warranted, a formal disciplinary inquiry, adhering to the procedures and timelines prescribed by the Act.
The judgment referred to the Supreme Court's guidelines in the case of Dr. Sohail Malik v. Union of India, which stress the dual role of the ICC in conducting inquiries into sexual harassment complaints. The court noted that the ICC at IIT Guwahati had not fulfilled its statutory obligations, resulting in procedural lapses and a denial of justice to the complainant.
The High Court's ruling vacated earlier interim orders and instructed the ICC to promptly initiate the preliminary inquiry as the first stage, in line with an Office Memorandum from July 16, 2015. The court further directed the disciplinary authority to consider initiating formal disciplinary proceedings against Ghoshal based on the ICC's findings.
This decision underscores the importance of adhering to statutory procedures in handling workplace harassment cases and reinforces the legal framework designed to protect women's rights to a safe working environment.
Bottom Line:
Internal Complaints Committee (ICC) under Sexual Harassment of Women at Workplace Act, 2013 must conduct both preliminary/fact-finding inquiry and formal disciplinary inquiry in cases of workplace harassment, adhering to prescribed procedures and timelines.
Statutory provision(s):
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 - Sections 4, 9, 11, 13; Constitution of India - Articles 14, 15, 21; Central Civil Services (Classification, Control and Appeal) Rules, 1965; Office Memorandum dated 16.07.2015.
Aloke Kumar Ghoshal v. Indian Institute of Technology, (Gauhati) : Law Finder Doc id # 2858627
