The Kerala High Court has ruled that before authorities take any adverse action against an accused under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (Posh Act), the person must be provided with a copy of the complaint and an opportunity to present their case.
Court's Ruling on Natural Justice
A bench of Justice M B Snehalatha issued the ruling while allowing the petition of two government employees working at a government medical college in Kerala. The petitioners sought to quash the order terminating them from service as well as the report of the internal complaints committee (ICC) against them under the Posh Act.
Details of the Case
The petitioners were terminated from service in August 2025 based on adverse findings recorded by the ICC in a sexual harassment case. They argued that the ICC's inquiry was arbitrary, illegal, and in gross violation of the Act, as neither a copy of the complaint nor the ICC report was supplied to them as required under the statute.
It was further contended that the petitioners obtained a copy of the complaint only through the Right to Information Act. They were summoned for inquiry without being served a copy of the complaint, were denied the opportunity to cross-examine the complainant and witnesses, were not informed of the identities of the witnesses cited in the complaint, and were not permitted to examine their own witnesses.
Legal Provisions Cited
The High Court noted that Rule 7(2) of the Posh Rules specifically states that upon receipt of the complaint, the ICC shall send a copy to the respondent, and the inquiry must be conducted in accordance with the principles of natural justice. Similarly, Rule 7(4) provides that the ICC shall conduct the inquiry by giving the delinquent a reasonable opportunity to be heard and to present their case.
Court's Observations and Order
On examining the facts of the case, the High Court observed that, prima facie, there was merit in the contention raised by the petitioners that the principles of natural justice had been violated. Accordingly, it set aside the termination orders and the ICC report, and directed the concerned authorities under the Posh Act to conduct the inquiry afresh in accordance with law within two months.
