HR personnel should keep in mind that, under the POSH Act, an aggrieved person may file a complaint of sexual harassment at her workplace even against third parties who are not employees.
In cases of third-party harassment, the aggrieved person may choose to approach the Internal Committee (IC), the police, or even choose to pursue both options simultaneously.
If the third party is from a different organisation, the IC may forward the complaint to the IC of the respondent's organisation or initiate a joint investigation.
HR personnel should keep in mind that the ICC at the aggrieved woman’s workplace can conduct a fact-finding inquiry even if the final disciplinary authority rests with the respondent’s department.
FEATURED POSH CASE
Facts:
The appellant and the aggrieved person were both civil servants working in different government departments. Alleging that the appellant had sexually harassed her at her workplace, the aggrieved woman filed a complaint under the POSH Act before her department’s Internal Complaints Committee (ICC). In response, the Appellant challenged the jurisdiction of the ICC before the Central Administrative Tribunal (CAT), contending that only the ICC constituted in his own department had jurisdiction to inquire into the complaint. The CAT dismissed his application. The High Court upheld the CAT’s decision. In response to this, the Appellant approached the Supreme Court.
Issue:
Whether the ICC constituted in the department of the aggrieved had jurisdiction to entertain a complaint against an officer belonging to a different department.
Can action be taken against the respondent when the ICC conducting the inquiry is not constituted by his department.
Decision:
The Court held that the ICC constituted at the workplace of the aggrieved woman has jurisdiction to entertain a complaint under the POSH Act, even if the respondent is an employee of another department. The Court clarified that under the POSH Act, the ICC conducting the inquiry submits its report and recommendations to the employer of the respondent, who then decides on disciplinary action. In accordance with this, the appeal was dismissed and the ICC report was directed to be transmitted to the Appellant’s department.
