Court mandates fresh inquiry by Internal Complaints Committee, emphasizing strict adherence to procedural norms under POSH Act.
In a significant ruling, the Allahabad High Court has directed the Harish Chandra Research Institute (HCRI) to conduct a fresh inquiry into the sexual harassment allegations against Dr. Tapas Kumar Das, an Associate Professor of Astrophysics. The court found procedural lapses in the initial investigation conducted by the institute's Internal Complaints Committee (ICC), which led to the imposition of penalties on Dr. Das.
Dr. Das faced serious allegations of sexual harassment from multiple female students, leading to an inquiry by the ICC under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). The complaints included accusations of physical advances, inappropriate late-night calls, and sending sexually suggestive communications. Despite the serious nature of these allegations, the inquiry process was found wanting in adherence to the procedural requirements mandated by the POSH Act and its accompanying rules.
Justice Saurabh Shyam Shamshery, presiding over the case, highlighted several deficiencies in the ICC's handling of the complaints. The inquiry failed to record the statements of the complainants or allow for their cross-examination by Dr. Das. Additionally, Dr. Das was not provided an opportunity for oral representation, which is a critical component of natural justice.
The court emphasized that the procedural lapses rendered the ICC's inquiry report defective. Consequently, the penalties imposed on Dr. Das, including a 'Censure' and restrictions on mentoring female students, were set aside. The court underscored the need for the ICC to reassess the complaints, considering the time-barred nature of the allegations and any justifications for delayed reporting.
The judgment also addressed the issue of delay in filing complaints, a common concern in cases of workplace harassment. The court noted that while the POSH Act prescribes a three-month window for filing complaints, extended by another three months under certain circumstances, the sensitivity of the subject matter necessitates a more nuanced approach. Victims' fear of retribution and career repercussions were acknowledged as valid reasons that could justify delayed complaints.
In its directive, the court ordered the ICC to evaluate the complaints afresh, taking into account the specific dates and reasons for any delays. Should the ICC decide to proceed, it must strictly adhere to the procedural requirements outlined in the POSH Act and its rules. The court's decision is a significant reminder of the importance of procedural rigor in handling sensitive allegations of sexual harassment, ensuring both the protection of victims and the rights of the accused.
The fresh inquiry is to be completed within eight weeks, with the ICC expected to provide a reasoned decision on whether to dismiss the complaints or continue the investigation.
Bottom line:-
Sexual Harassment at Workplace - Inquiry under POSH Act to strictly comply with procedural requirements of Section 11 and Rule 7 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013. Delay in filing complaints under POSH Act may not render complaints invalid at the threshold if justified by circumstances aligned with the Act's object.
Statutory provision(s):
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Sections 9, 11, Rule 7 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013, Section 2(n).
Dr. Tapas Kumar Das v. Harish Chandra Research Institute, (Allahabad) : Law Finder Doc id # 2894357
