Topic
An ICC email declaring a complaint lacks a sexual element is deemed a ‘recommendation’ under Section 13(2) of the POSH Act, permitting a Section 18 appeal. The Bombay HC set aside the Industrial Court’s order, remanding the case for fresh consideration and confirming the right to appeal.
Karnataka High Court directs universities to regulate suspension orders to allow students to attend classes and exams while disciplinary proceedings are pending. The ruling emphasizes that academic rights must not be entirely curtailed during internal complaints committee (ICC) inquiries, setting a precedent for balancing discipline with educational continuity.
The Madhya Pradesh High Court has ordered that all Internal Complaints Committees under the POSH Act must conclude inquiries into sexual harassment complaints within three months, establishing a binding time-bound framework for redressal. This ruling strengthens accountability in workplaces and empowers complainants by preventing indefinite delays in justice delivery.
Bombay High Court at Goa rules that the Internal Complaints Committee (ICC) cannot shield the identity of a known instigator of a false sexual harassment complaint under the POSH Act. The court directed the ICC to amend its findings to explicitly name the principal who coerced the complainant, ensuring transparency and accountability in workplace harassment proceedings.
Bombay HC rules that institutions with special statutes like the POSH Act need not conduct a separate departmental inquiry under CCS(CCA) Rules for major penalties like compulsory retirement. The ICC report under POSH Act is conclusive when institutional policies explicitly override general service rules, streamlining disciplinary proceedings for sexual harassment cases.