Workplace sexual harassment: Kerala HC says accused must get complaint copy in POSH cases

The Kerala High Court recently intervened in a legal dispute involving the Kerala Social Security Mission and the Internal Complaints Committee (ICC) of the Government Medical College Hospital, Kottayam.

Two petitioners approached the court seeking to quash a termination order and an ICC report, which they described as "arbitrary and illegal" and in gross violation of the Sexual Harassment of Women at Workplace (POSH) Act, 2013.

The matter arose from disciplinary proceedings conducted by the ICC, which the petitioners challenged before the High Court.

Allegations of procedural lapses and statutory defence arguments

The petitioners contended that the inquiry process was conducted in total disregard of the principles of natural justice. They submitted that they were never served a copy of the complaint or the final report, as mandated under law.

They further claimed they were "denied the opportunity to cross-examine the complainant and the witnesses" and were not informed of the identity of the witnesses. The petitioners stated they obtained a copy of the complaint only through a Right to Information (RTI) request, after the adverse report had already been issued.

In response, the authorities argued that the ICC, acting as a statutory fact-finding body, had ensured that the petitioners were "made aware of the nature of the allegations". They also submitted that the appropriate remedy lay in filing an appeal under Section 18 of the POSH Act, rather than invoking writ jurisdiction.

The court examined Rule 7 of the POSH Rules, which provides that the committee "shall send one of the copies" of the complaint to the respondent within seven working days, alongside the principle of audi alteram partem.

Court finds inquiry vitiated, orders fresh probe

Justice M.B. Snehalatha noted that the hospital’s counter-affidavit admitted that the "complaint was shown" to the accused during the hearing, rather than being formally served.

The court held that "Serving a copy of the complaint and other relevant documents to the delinquent is mandatory under Rule 7 of the POSH Rules".

It found the inquiry "vitiated" due to these procedural lapses and set aside the ICC report. A "fresh inquiry in accordance with law" was directed to be completed within two months.

The court also clarified that it had not examined the actual "merits of the complaint" or the "defence canvassed by the petitioners".