POSH Act | Complaint Not Served On Respondent, Witnesses Examined In His Absence: Kerala High Court Says ICC Must Observe Natural Justice

Quashing the inquiry report, Justice Basant Balaji stated thus:

“The entire proceedings shall be completed in accordance with law strictly following the principles of natural justice and Rule 7 of the POSH Rules after giving the petitioner an opportunity of hearing as well, within a period of two months from the date of receipt of a copy of this judgment.”

The petitioner who was under suspension approached the High Court seeking reinstatement in service. He contended that enquiry against him was conducted contrary to Rule 7 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules and violating the principles of natural justice. Rule 7 pertains to the manner in which an enquiry has to be conducted.

The Counsel for the petitioner submitted that as per Rule 7 (2), the complaints committee has to issue copies of complaint and other documents submitted by the complainant to the person accused. It was alleged that copies of complaints were not served and witnesses were examined in his absence.

The Court thus said, “Therefore, I have no hesitation to hold that Ext.P7 (inquiry report) is issued in violation of the principles of natural justice and also against Rule 7 of the POSH Rules.”

Accordingly, the Court disposed of the writ petition by quashing the inquiry report with a direction that a new committee be constituted under the Act for conducting the inquiry.

Counsel for Petitioners: Advocates Johnson Gomez, Ann Maria Sebastian, Sanjay Johnson John Gomez, Arun Johny, Deebu R., Abin Jacob Mathew

Counsel for Respondents: Standing Counsel Antony Mukkath, Advocate Mary Beena joseph

Citation: 2024 LiveLaw (Ker) 193

Case title: Vineeth V V v Kerala State Electricity Board Ltd.

Case number: W.P.(C) No.9331 of 2024

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