Facts
The accused terminated the victim's employment due to alleged dereliction of duty, prompting her to contest the dismissal before a court.
Subsequently, the District Collector (DC) received an anonymous complaint, which was forwarded to the Local Committee (LC) for investigation. The LC proceeded with an inquiry, even though the complaint did not clearly describe any behaviour that constituted sexual harassment.
During the investigation, the Victim denied making the anonymous complaint. However, certain oral allegations were made before the LC, which stated that the Accused never touched the victim or requested sexual favours of her but had created a hostile work environment that ultimately led to her employment termination.
Following the inquiry, the LC submitted a report to the DC, recommending the issuance of an apology as well as monetary compensation for the harm caused to the victim. In response to this the Accused approached the High Court, seeking to quash the same.
Issue
Is a Written Complaint necessary Under the POSH Act?
Decision
The court held that a written complaint from the aggrieved woman is generally mandatory for initiating an inquiry under the POSH act. The court noted that there are exceptions in certain situations where a woman cannot file a written complaint. However, in this case, since the victim had filed complaints with other government authorities, she was considered capable of filing a complaint. Therefore, the anonymous complaint and the oral allegations made during the inquiry could not substitute the necessity of a written complaint, rendering the inquiry illegal.
