Kerala High Court Mandates ICC to Observe Principles of Natural Justice and Adherence to Posh Act and Rules

The Hon’ble High Court of Kerala (“HC”) in the recent case of Vineeth V. V. vs. Kerala State Electricity Board Ltd. and Others , dated March 12, 2024, expressed concerns over the failure of the Internal Complaints Committee (“ICC”) to follow the principles of natural justice while conducting inquiries and redressing complaints related to sexual harassment of females at workplace. In the instant case, Hon’ble Justice Basant Balaji, while quashing the report of the ICC held that at the time of initiating proceedings related to sexual harassment complaints, the accused/respondent must necessarily be provided with a copy of the complaint filed by the aggrieved woman/complainant along with all other requisite documents, by the ICC constituted by the employer as required under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”) read with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 (“POSH Rules”).

The HC further held that the conduct of the proceedings related to complaints of sexual harassment at the workplace by the ICC are required to observe and adhere to the principles of natural justice along with the provisions of the POSH Act read with POSH Rules.

FACTS

The petitioner approached the HC by way of a writ petition to quash the report of the ICC and sought relief by praying to lift his order pertaining to suspension and issue an order against the employer, to reinstate him to his employment. A complaint related to sexual harassment was registered against him by an aggrieved woman/complainant under the POSH Act and proceedings were subsequently initiated by the ICC. Accordingly, the ICC had issued a report against the petitioner. Pursuant to the said report, the HR Manager of the employer issued a charge memo, and an inquiry officer was appointed relying upon the said report of the ICC. However, the petitioner in the present case contended that despite the initiation of the said proceedings by the ICC, the petitioner was not served with copies of the said complaint and other mandatory documents as required under the POSH Rules, by the ICC. He further contended that the witnesses were examined by the ICC in his absence without allowing the petitioner to cross-examine them. Additionally, it was contended by the petitioner that the president leading the extant ICC was facing disciplinary proceedings, which raised doubts in relation to fair and transparent process followed in terms of the constitution of the ICC by the employer, in accordance with the POSH Act.

ISSUE

The issue before the HC was to examine whether the ICC in the present case was in violation of the rules laid down under the POSH Rules and whether there has been a breach of the principles of natural justice by the ICC while deciding the charges levelled against the Petitioner.

FINDINGS OF THE HC

The HC examined the relevant provisions of the POSH Rules. Rule 7 of the POSH Rules stipulates the manner of conducting inquiry into POSH complaints. The said rule clearly states that the ICC must serve the respondent with a copy of the complaint received from the complainant within a period of seven (7) working days. Thereafter, the respondent gets the opportunity to file a reply to the complaint along with the supporting documents. Further, the said rule also provides that the ICC must inquire into the complaint in accordance with the principles of natural justice by giving the opportunity to the respondent of being heard and rebut against the allegations raised by the complainant in the complaint.

After duly examining the provisions of the POSH Rules, the HC rightly quashed the report of the ICC and held that the ICC had violated the principles of natural justice. Further, the HC directed the present respondent to constitute a new ICC in tune with the provisions of the POSH Act upon the contention being proved by the Petitioner that the president of the extant ICC was undergoing disciplinary proceedings. It was further directed by the HC that the newly constituted ICC shall also conduct fresh proceedings in compliance with the provision of the POSH Act and the POSH Rules which shall be completed within a period of two (2) months from the date of the judgment.

CONCLUSION

The extant matter appearing before the HC has once again shed light on the importance of the principles of natural justice in conducting the proceedings under the POSH Act. The principles of natural justice are of utmost significance in this context as they guarantee fairness, impartiality, transparency, and protection of rights throughout the investigation and disciplinary proceedings. Adhering to these principles not only ensures a just and credible outcome but also enhances trust, legitimacy, and compliance with the legal requirements in addressing sexual harassment cases. Prioritizing these principles ensures a safer and more respectful workplace environment for all employees, strengthening the integrity and credibility of the POSH Act and framework laid out therein and safeguarding that an innocent person is not framed and is being declared guilty arbitrarily.