Fresh Inquiry Ordered in Sexual Harassment Case Under POSH Act
In a landmark judgment, the Kerala High Court has annulled the inquiry report by the Internal Complaints Committee (ICC) of the Kerala Social Security Mission, citing a breach of natural justice principles in a sexual harassment case. The judgment, delivered by Mrs. M.B. Snehalatha, J., mandates a fresh inquiry adhering strictly to the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act).
The case, titled Akhil Thomas v. Kerala Social Security Mission, revolved around the termination of the first petitioner and adverse consequences on the second petitioner, following an inquiry by the ICC. The petitioners argued that the inquiry violated statutory provisions by not providing them with a copy of the complaint or the ICC report, denying them the opportunity to cross-examine witnesses or present their own, thus violating the fundamental principles of audi alteram partem.
In response, the respondents contended that the petitioners were made aware of the allegations and given opportunities to respond, asserting that the termination was a direct result of the ICC's findings under the POSH Act. The court, however, found merit in the petitioners' claims, referencing Section 11(1) and Rule 7 of the POSH Act, which mandate strict adherence to the principles of natural justice during inquiries.
The judgment emphasized that procedural fairness is crucial in inquiries related to sexual harassment at the workplace. It noted the necessity of serving a copy of the complaint to the accused, allowing them to file a reply, and providing a reasonable opportunity for cross-examination. The failure to follow these procedures renders the inquiry report invalid.
The court further referenced the Supreme Court's decision in Aureliano Fernandes v. State of Goa, reinforcing that inquiries must be conducted fairly, supplying the accused with evidence and allowing them to present their case before any adverse decision is made.
Directing a fresh inquiry, the court has instructed the respondents to conduct the proceedings within two months, ensuring compliance with the POSH Act and the principles of natural justice. The judgment clarified that it did not delve into the merits of the original complaint or the petitioners' defense.
This decision underscores the judiciary's commitment to upholding procedural integrity and safeguarding the rights of individuals accused under the POSH Act, ensuring that inquiries are conducted in a just, fair, and reasonable manner.
Bottom Line:
Violation of principles of natural justice during inquiry under POSH Act, 2013, and the importance of providing procedural fairness.
Statutory provision(s): Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 Section 11(1), Rule 7, Sections 18.
Akhil Thomas v. Kerala Social Security Mission, (Kerala) : Law Finder Doc id # 2870613
