A writ seeking a POSH inquiry becomes infructuous once the inquiry and disciplinary proceedings are completed.

In brief

The question

1. Whether, in light of the ICC inquiry and subsequent disciplinary proceedings, any relief remained to be granted on the petitioner’s request for an independent inquiry.

The court held

The Court closed the writ petition as no further relief was required in light of the inquiry and disciplinary action already taken.

It also directed

It directed the third respondent to serve the petitioner with the inquiry report contemplated under Section 13(1) of the POSH Act within two weeks of receiving the order, and left the petitioner at liberty to pursue any legal remedies concerning the report.

No costs were ordered; the connected miscellaneous petition was also closed.

01Facts

The petitioner sought a direction for an independent inquiry into her sexual-harassment complaint dated 20 September 2021 against the seventh respondent.

p. 2

The third respondent stated that the Internal Complaints Committee (ICC), constituted under Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, had inquired into the complaint, recommended disciplinary action, and that proceedings under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, resulted in a penalty of censure against the seventh respondent.

pp. 2–4

The petitioner’s counsel submitted that the inquiry report had not been furnished; the third respondent undertook to provide it.

p. 4

02Issues

i.1. Whether, in light of the ICC inquiry and subsequent disciplinary proceedings, any relief remained to be granted on the petitioner’s request for an independent inquiry.

pp. 2, 4–5

ii.2. Whether the petitioner should be provided with a copy of the inquiry report under Section 13(1) of the POSH Act.

pp. 4–5

03Law Applied

Section 4 of the POSH Act provides for constitution of an Internal Complaints Committee to inquire into workplace sexual-harassment complaints; Section 13(1) concerns the inquiry report.

p. 3, 5

Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, was invoked for the disciplinary proceedings following the ICC’s recommendation.

p. 3

Provisions in the judgment · 2 · Linked ones open on LawLens

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 Section 4 Section 13

04Reasoning

The Court noted that the ICC had already examined the complaint, its recommendation had led to disciplinary proceedings, and the seventh respondent had received a penalty of censure. In view of those subsequent developments, the Court concluded that nothing further remained to be decided on the request for an independent inquiry.

p. 4

However, because the petitioner had not received the inquiry report and the third respondent undertook to supply it, the Court directed that it be furnished.

pp. 4–5