ICC can entertain complaint under POSH Act against employee of different dept: SC

New Delhi, Dec 10 (PTI) The Supreme Court held on Wednesday that the Internal Complaints Committee (ICC) formed in one department can entertain a complaint of sexual harassment under the POSH Act against an employee of a different department.

A bench of Justices J K Maheshwari and Vijay Bishnoi said a narrow interpretation of the provisions of the Prevention of Sexual Harassment (POSH) Act would undermine its remedial social welfare intent since it would create significant practical hurdles for the aggrieved woman.

"The phrase 'where the respondent is an employee', as contained in section 11 of the POSH Act, cannot be interpreted to mean that ICC proceedings against a 'respondent' may only be instituted before the ICC constituted at the workplace of the 'respondent'," the bench said.

The court said a narrow interpretation would beget several procedural and psychological barriers for the aggrieved woman.

"The aggrieved woman, who has allegedly suffered an act of sexual harassment, would be compelled to file a complaint before the ICC constituted at the workplace of the 'respondent'. It would create a situation where the aggrieved woman would have to appear before the ICC at an alien workplace in order to pursue her remedy in law," the bench said.

The top court said in case the ICC constituted at the aggrieved woman's workplace is conducting a fact-finding inquiry under the POSH Act, the employer of the accused, even if it is a different department, must abide by its duties under section 19(f) of the POSH Act and swiftly cooperate and make available information upon a request by the ICC formed at the aggrieved woman's workplace.

The apex court's judgment came on a plea filed by a 2010-batch Indian Revenue Service (IRS) officer, challenging a notice issued by the ICC.

A 2004-batch Indian Administrative Service (IAS) officer who was, at the relevant time, posted as the joint secretary at the Department of Food and Public Distribution alleged that on May 15, 2023, the IRS officer sexually harassed her at her workplace.

Subsequently, a complaint under the POSH Act was presented before the ICC constituted under section 9 of the Act at the aggrieved woman's department.

The IRS officer moved the Central Administrative Tribunal, Principal Bench, New Delhi. However, the CAT dismissed his plea. Thereafter, he approached the Delhi High Court.

The high court upheld the CAT's judgment. PTI PKS RC