RESPECTED EXPERTS. ONE OF MY FRIEND IS IN GOVERNMENT SERVICE. In January 2016, he received a letter from Internal complaints committee (ICC) forwarding therewith an undated complaint of s*xual harassment and asked for detailed submission on the complaint. On being asked the proof of filing complaint, he received another letter from ICC forwarding statement tendered during February 2016 by that lady (a senior colleague of my friend). In her statement she alleged that she has been s*xually harassed by my friend during December 2012. Hence, she filed a complaint with the Head of the office in June 2013. She added that for her mental peace, she has not pursued the complaint claimed to have been filed by her in June 2013. In this letter, my friend has been given personal hearing for February 26. However, the letter regarding PH on 26.02.2016 has been received only on 07.03.2016. As the next date of hearing dated 08.03.2016 has already been informed on 02.03.2016 by ICC through phone to my friend, he appeared in PH dated 08.03.2016. Wherein he put up his objections before ICC. However, the ICC informed my friend that the complainant lady is ready to compromise upon written apology by my friend. As my friend is a poor and simple guy and the complainant lady is rich and influential, my friend has tendered his written apology that "He deny all the allegations leveled against him by the complainant. However, if the ego of complainant has hurt due to his any other act/remark, he apologises to the complainant". My friend is totally innocent. In this matter, the following queries may please be replied:-
1. The lady has claimed in his statement that she has filed the complaint of s*xual harassment during June 2013 against my friend for the incident of s*xual harassment happened during December 2012. However, there is no official record of filing of complaint. Moreover, my friend has been delivered first letter by ICC in this matter only in the last week of January 2016. On being asked by my friend, one member of ICC verbally replied that the impugned complaint has been forwarded by an N. G. O. to the Head of department (H.O.D.) of my friend. Then, the HOD has constituted ICC to inquire the matter. Is the initiation of inquiry in December 2015 into an alleged incident of harassment allegedly happened during December 2012 is legal.
2. My friend has not received name of witnesses or any supporting documents from the ICC which should have been provided by the complaintant to ICC.is admitting of complaint without name of the witnesses and without any supporting documents is legally valid.
3. My friend has tendered his written apology only as a measure of conciliation to buy mental peace for him and his family. Will it go against him lateron if the conciliation is not accepted by the employer or the complainant and a inquiry is initiated.
4. Is my friend right in tendering his written apology only as a measure of conciliation and to buy mental peace despite his being totally innocent. If wrong, how should he withdraw his apology.
Please reply as this will be of great help to a innocent and poor people.
