[responsivevoice_button] Written by: Rohit Iyengar Finding an appropriately qualified individual to fulfill the role of the external member in the Internal Complaints Committee is one particular task that poses quite a few difficulties for organisations. The ambiguity and vagueness in the guidelines for the same, as is the case with a majority of laws, also… Continue reading How To Select An External Member For Your Internal Complaints Committee
Category: Sexual Harassment
Cross-Examination of witnesses cannot be denied to the accused: Delhi High Court
Citation: Avinash Mishra v Union of India (Delhi High Court, 2014 (215) DLT 714) Highlights: The procedure adopted in arriving at a finding has to be fair and materials have to be considered in a fair, reasonable and dispassionate manner. Cross-examination ought not to be denied. Facts: The petitioner was accused of sexual harassment by… Continue reading Cross-Examination of witnesses cannot be denied to the accused: Delhi High Court
Court will not interfere unless the order of the ICC is shockingly disproportionate to the Act of the delinquent employee: Bombay High Court
Citation: Vidya Akhave v. Union of India and Ors. (Bombay High Court WP No. 196 of 2015) Highlights: Court will not interfere in the punishment imposed by the ICC unless the order of the ICC is “shockingly disproportionate to the Act of the delinquent employee”. The Court was of the view that apart from displaying the… Continue reading Court will not interfere unless the order of the ICC is shockingly disproportionate to the Act of the delinquent employee: Bombay High Court
Bombay HC: ICC Can Only Deliver Justice When Constituted As Per The SC On Vishaka Case
[responsivevoice_button] Case: Citation: Jaya Kodate v. Rashtrasant Tukdoji Maharaj Nagpur University (Bombay High Court WP 3449, 3450, 3451 of 2013) Highlights: The Court laid down that during the constitution of the ICC, the members chosen ought to be committed to the cause of women or should have experience in social work or have legal knowledge.… Continue reading Bombay HC: ICC Can Only Deliver Justice When Constituted As Per The SC On Vishaka Case
ICC reports shall substantiate their findings with a definitive conclusion by drawing a nexus between the alleged facts and the decision derived: Delhi High Court
Citation: Ashok Kumar Singh v. University of Delhi (Delhi High Court WP 7371 of 2016) Highlights: Where the report of the ICC states that the case has substance, it is also required for them to clarify the same, failing which, they would be ordered to draft new ones. Satisfactory reasons are to be given for having… Continue reading ICC reports shall substantiate their findings with a definitive conclusion by drawing a nexus between the alleged facts and the decision derived: Delhi High Court
ICC proceedings cannot be challenged during interim stages of inquiry. The aggrieved shall have a right to challenge the ICC decisions only after the proceeding has concluded: Delhi High Court
Citation: Shashi Bala v SBM Secondary School (Delhi High Court WP 706 of 2014) Highlights: During the interim stage of the complaint, prior to the finding of any conclusions, no challenge is to be made against the findings in such a case. Facts: The petitioner in this case filed the petition in order to challenge the… Continue reading ICC proceedings cannot be challenged during interim stages of inquiry. The aggrieved shall have a right to challenge the ICC decisions only after the proceeding has concluded: Delhi High Court
An inquiry is considered to be final, only when the inquiry has been conducted by an ICC constituted in pursuance to the Vishaka guidelines: Gujarat High Court
Citation: Sunil Manuprasad Jani v. High Court of Gujarat and Ors. (Gujarat High Court Special Civil Application 14566 of 2015) Highlights: The Court held that the inquiry conducted by the appropriate body can only be held to be final when it adheres to the procedure established. Facts: The petitioner was against a second inquiry being conducted… Continue reading An inquiry is considered to be final, only when the inquiry has been conducted by an ICC constituted in pursuance to the Vishaka guidelines: Gujarat High Court
ICC to be reconstituted if not in compliance with the POSH Act: Delhi High Court
Citation: Linda Eastwood v Union of India and Ors. (Delhi High Court WP 1904 of 2013) Highlights: ICC was reconstituted as the previous ICC was not in compliance with the POSH Act. Facts: The Petitioner filed the petition in order for the court to order the employer to take action based on the findings of the ICC.… Continue reading ICC to be reconstituted if not in compliance with the POSH Act: Delhi High Court
Procedure of Cross-Examination should adhere to principles of Natural Justice: Delhi High Court
Citation: Manjeet Singh v Indraprastha Gas (Delhi High Court, W.P.(C) 6352/2016) Highlights Cross Examination must be written not verbal. It is important to treat the goodwill, fair name and dignity of the innocent with utmost care Facts The petitioner (Manjeet Singh) appealed before the High Court, seeking the quashing of the report of the Internal Complaints… Continue reading Procedure of Cross-Examination should adhere to principles of Natural Justice: Delhi High Court
The ICC to be treated as an Inquiry Committee under service rules: Kerala High Court
Citation: L.S. Sibu v Air India Ltd (Kerala High Court, WP(C).No. 4001 of 2016 (A)) Highlights: The enquiry to be conducted under Section 13 is not a preliminary enquiry but should be a full-fledged enquiry as to the finding of fact and the enquiry has to be conducted by the Internal Complaints Committee, like a disciplinary… Continue reading The ICC to be treated as an Inquiry Committee under service rules: Kerala High Court
