Sexual harassment false case

Dr manoj Kumar Paul (Querist) 24 December 2020 This query is : Resolved
Request the members of the forum to respond on the issue that whether the report submitted by the internal complaints committee is to be treated as the preliminary report on the basis of which the disciplinary authority will further departmental enquiry to verify it's truth and proceed accordingly to take disciplinary action or take the report as a final one and take action against the employee ?

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Guest (Expert) 24 December 2020
The Complaint alone should not be considered for any action against the accused with out completing an proper Investigation.. Legally IPC sections 154 and 156(3) confirms the same.

Isaac Gabriel (Expert) 24 December 2020
Showcause notice need to be givev before initiating charges/ action.

K Rajasekharan (Expert) 24 December 2020
Much confusion exists regarding the law on prevention of sexual harassment at workplace.

What the law says is that the contents of the law should be incorporated into the service rules of the organisation and appropriate actions should be taken according to such modified service rules, in case any sexual harassment occurs.

Sexual harassment has two aspects one is criminal offences and the other is the other ones. If any complaint shows any ingredient of criminal offence of sexual harassment, it should be referred to police immediately. Only other matters can be acted upon by the internal disciplinary wing including the fact finding internal complaints committee (ICC).

ICC is only a fact finding committee to bring the actual facts that it finds and to suggest some possible suggestions before the disciplinary authority. The authority has enough discretion to take action on the official. It is the prerogative of the disciplinary authority to rely on the ICC report, ignore it if it is unreliable or choose some other fact finding mechanism to arrive at a proper disciplinary action, as the service rules bestows on him.

Taking a disciplinary action is not a mechanical affair, but a matter of wide import and dimensions. So the authority is endowed with enough discretion in the matter as it is the discipline that makes or mars an institution.

But the decisions should be legally sustainable and the order should be a reasoned one pointing out what is the reason for doing or not doing anything and enabling the court to evaluate it when the matter reaches a court.

I am also adding a link to an old power point presentation of mine which provides a very good overview on the topic at https://www.slideshare.net/rajankila/sexual-harrassment-at-workplace-legal-provisons

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Dr J C Vashista (Expert) 25 December 2020
ICC is fact finding committee to suggest whether the allegations have substance or not. The appointing authority has wide discretionary powers to accept its finding and recommendation or to reject.

Rajendra K Goyal (Expert) 26 December 2020
Disciplinary Authority should initiate departmental inquiry after issuing the charge sheet based on the report of Internal Complaint Committee and should provide proper opportunity to delinquent employee to defend himself.