Sexual Harassment At Workplaces: Internal Complaints Committee Must Give Definite Conclusion: Delhi HC
By Team Legistify / 2017-02-22

Have a Legal Issue?

Get connected to the Best Lawyers and Chartered Accountants Near You!


The Delhi High Court has recently held that the Internal Complaints Committee (ICC) constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, must give a definite conclusion regarding the guilt of the person involved in the incident.Justice Valmiki Mehta was hearing a petition filed by Ashok Kumar Singh against the report of Internal Complaints Committee of Dayal Singh Evening College on account of complaints against him.

The petitioner challenged the report on two counts. First count is that the report only gives a prima facie conclusion of the complaints having substance without the report actually giving a definite conclusion and holding the charges against the petitioner to be proved, and which aspects are very much required under Section 13(3) of the Act. The second count is he was not allowed to lead evidence in support of his defence. Accordingly, for all such reasons, it is argued that the Inquiry Reports are bad, being violative of principles of natural justice, and, thus, have to be set aside.

The bench after considering the reports reached the following findings:

  1. ICC holds ‘prima facie’ i.e., the conclusions, which have been arrived at, are not final but only prima facie conclusions.
  2. There is no final conclusion of guilt being found of the petitioner for his being indicted as such, inasmuch as, the expression used is ‘has some substance’ i.e., there is no definitive and final conclusion of guilt of the petitioner.

The court observed that Section 13(1) of the Act uses the expression ‘findings’ and thereafter sub-section (3) of the Act uses the expressions ‘conclusion’ and ‘has been proved’.

None

Have a Legal Issue?

Get connected to the Best Lawyers and Chartered Accountants Near You!


Related Posts

Read More News on Similar Topics