Improperly constituted PoSH committee’s inquiry and report set aside; Chhattisgarh HC orders fresh probe under Section 4 of the Act

The petitioner, a Steno-Typist employed by the Chhattisgarh Textbook Corporation since 2008, alleged that respondent No. 6, the General Manager, subjected her to repeated workplace harassment, including inappropriate advances, indecent gestures and unwelcome proposals.

She submitted a written complaint to the competent authorities. Respondent No. 4 thereafter constituted a five-member Internal Complaints Committee (“ICC”) by order dated 2 March 2022.

The petitioner challenged the constitution of the ICC on the ground that it did not comply with Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“PoSH Act”), particularly because its members were subordinate to the alleged harasser and the statutory alternatives for nominating senior women employees from other offices or organisations were not considered.

During the proceedings, the respondents contended that the ICC had completed its inquiry and submitted its report, rendering the petition infructuous.

Whether the ICC constituted by order dated 2 March 2022 complied with the mandatory requirements of Section 4(2) of the PoSH Act, including the requirement concerning the nomination of a senior-level woman employee as Presiding Officer.

Whether an inquiry conducted and report submitted by an improperly constituted ICC could have legal validity or be treated as non est in law.

Whether the completion of the inquiry and submission of the report rendered the writ petition infructuous.

The Court applied Section 4 of the PoSH Act, which mandates that every employer constitute an ICC in writing and requires the Committee to include a senior-level woman employee as Presiding Officer, at least two employee members, and one external member familiar with issues relating to sexual harassment, with at least one-half of the members being women.

The statutory scheme permits nomination of a senior woman employee from another office, administrative unit, workplace, department or organisation where such an employee is unavailable within the concerned workplace.

Relying on Aureliano Fernandes v. State of Goa, (2024) 1 SCC 632, the Court held that an improperly constituted ICC obstructs a lawful inquiry under the PoSH Act and may produce serious consequences.

It also relied on Prof. Rasal Singh v. University of Delhi, 2026 SCC OnLine Del 1905, for the principle that inquiries into sexual-harassment complaints must be conducted by the statutorily designated ICC and in conformity with natural justice; an ad hoc or improperly constituted body cannot substitute the statutory mechanism.

Further, applying the principle in Independent Sugar Corporation Ltd. v. Girish Sriram Juneja, (2025) 5 SCC 209, and A.R. Antulay v. Ramdas Sriniwas Nayak, (1984) 2 SCC 500, the Court reiterated that where a statute prescribes a particular manner of doing an act, it must be done in that manner or not at all.

The Court found from the amended constitution order dated 2 March 2022 that the respondents had failed to comply with the statutory mandate under Section 4 of the PoSH Act.

The explanation that sufficient female employees were unavailable within the Corporation did not cure the defect, because Section 4 expressly provides mechanisms for nominating a senior-level woman employee from another office, administrative unit, workplace, department or organisation.

Since the constitution of the ICC was itself contrary to the statute, the Committee lacked the legal foundation to conduct the inquiry.

The Court therefore held that the inquiry and report were jurisdictionally defective and non est in law, notwithstanding that the proceedings had already concluded.

The respondents’ contention that the petition had become infructuous was consequently rejected.

It set aside the inquiry conducted by the improperly constituted ICC and the report submitted by it, holding that both were legally unsustainable.

The concerned authorities were directed to constitute a fresh ICC strictly in accordance with Section 4(2) of the PoSH Act and to have the complaint inquired into afresh by the newly constituted Committee.