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False sexual harassment case
22-Jul-2023 (In Labour & Service Law)
I have been wrongly accused of sexual harassment by a female colleague. At a party, we were both drunk & started making out. Later, we both discussed, apologized to each other and felt equally responsible for the wrong act. Later, I was told that she has filed a sexual harassment case against me & the company is investigating it under the POSH act. I have been suspended from work since then. What are my options & what can I do in case the decision in in my favor or against me? What are possible punishments under this act considering Indian laws are biased towards females?
Assuming that you are working for a private company, you must first see the agreement or contract signed with the company at the time of joining. You must see if the decision of the sexual harassment committee can be challenged internally or if there is any clause dealing with disciplinary actions. If not then the only remedy would be to approach a civil court seeking declaration that it was wrongful termination or file a case for damages if you do not wish to join back. However in case you work in a government organization you could approach the High Court in its writ jurisdiction against the order of dismissal.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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