BEST POSH ADVOCATE IN HARYANA

Ajay Kumar Nagraj v. ICICI Bank Ltd. & Others In a vital judgment reinforcing the right to a fair hearing under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 ( POSH Act ), the Gujarat High Court in Ajay Kumar Nagraj v. ICICI Bank Ltd. & Others emphasized that an Internal Committee (IC) must adhere strictly to the principles of natural justice while conducting inquiries. The ruling highlights that while the POSH Act is designed to protect women from harassment, the inquiry process must remain balanced and fair for both complainant and respondent. The case involved Ajay Kumar Nagraj, a senior executive of ICICI Bank, who was subjected to an adverse finding by the Internal Committee following a complaint of sexual harassment by a female colleague. Nagraj challenged the inquiry on the grounds that he was not given adequate opportunity to present his defense, access documents, or cross-examine witnesses—violations that he claimed rend...

Supreme Court Upholds Confidentiality and Fairness in POSH Proceedings: Malabika Bhattacharjee v. Internal Complaints Co mmittee, Vivekananda College & Ors. In a landmark decision safeguarding both the principles of confidentiality and procedural fairness under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 ( POSH Act ), the Supreme Court of India in Malabika Bhattacharjee v. Internal Complaints Committee, Vivekananda College & Ors. underscored the need for strict adherence to the confidentiality provisions of the Act while conducting Internal Committee (IC) inquiries. The case arose when Malabika Bhattacharjee, an assistant professor at Vivekananda College, filed a complaint of sexual harassment against a senior male colleague. During the proceedings, the IC allegedly failed to maintain the confidentiality of the complainant's identity and the case details, resulting in social stigma and professional isolation for the aggriev...

In a significant ruling highlighting the importance of timely action and procedural diligence under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 ( POSH Act ), the Calcutta High Court in Bidyut Chakraborty v. Visva-Bharati University & Others emphasized that delay in initiating action on sexual harassment complaints can defeat the very purpose of the law. The Court made it clear that both Internal Committees (ICs) and employers have an obligation to act promptly and decisively when such allegations arise. The case revolved around a senior university official, Bidyut Chakraborty, who faced allegations of sexual harassment raised by a woman employee. The complainant approached the Court after the university authorities delayed taking appropriate action on her complaint, effectively stalling the initiation of the formal inquiry under the POSH framework. The inaction led the complainant to seek judicial intervention to ensure enforcement...

In a notable judgment upholding the principles of procedural fairness under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 ( POSH Act ), the Bombay High Court in Saurabh Kumar Mallick v. The Comptroller & Auditor General of India & Others highlighted the critical need for Internal Committees (ICs) to conduct impartial, transparent, and legally sound inquiries. The Court emphasized that while the POSH Act aims to protect women from harassment, it equally mandates adherence to natural justice for both complainants and respondents. The case involved Saurabh Kumar Mallick, a senior official, who challenged the findings of an Internal Committee that had found him guilty of sexual harassment. Mallick argued that the inquiry was conducted in violation of the principles of natural justice, including denial of opportunity to present his defense, absence of cross-examination, and lack of proper documentation of evidence. The Bombay High Cou...

In a landmark judgment reinforcing the principles of fairness and impartiality under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 ( POSH Act ), the Delhi High Court in Somaya Gupta v. Jawaharlal Nehru University & Others (2018) clarified the essential procedural safeguards to be followed by Internal Committees (ICs) while handling complaints of sexual harassment. The Court held that mere apprehension of bias is insufficient to exclude a member from the Internal Committee; rather, there must be a real likelihood of bias established on substantive grounds. The case involved a faculty member at Jawaharlal Nehru University who raised concerns over the composition of the Internal Committee, alleging potential bias and lack of impartiality. The petitioner sought the removal of certain committee members on the grounds of perceived conflict of interest and personal connections, fearing that these factors could influence the inquiry process....

In an important ruling aimed at safeguarding procedural fairness under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 ( POSH Act ), the Kerala High Court, in the case of Abraham Mathai v. State of Kerala & Ors., has categorically held that a written complaint from the aggrieved woman is a mandatory prerequisite for initiating any inquiry by the Internal Committee (IC). The judgment sets clear boundaries on the initiation of proceedings, preventing misuse and ensuring due process. The case arose when an individual challenged the initiation of a POSH inquiry that was based on an oral complaint and anonymous allegations rather than a formal written complaint as stipulated under Section 9 of the Act. The petitioner contended that the Internal Committee had overstepped its jurisdiction by entertaining allegations that were not formally registered in writing, thereby violating the basic procedural safeguards built into the statute. The Kera...