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POSH, Sexual harassment at workplace, representation on findings of IC
26-May-2025 (In Criminal Law)
If a complaintant doesn't submit her representation on findings of the committee and the committee goes ahead to submit the report to Board of Governors of the Institute then what can be done?
Complainant had requested the committee to wait but they didn't wait.
Whom can complaintant reach out to and whom can she sue?
U file writ petition in High court redressing ur grievances. Representation is not mandatory and the institute cannot turn away from it's responsibilities of either not inquiring the matter or not taking action .The collector will also be made a party including the authorities .Contact me for any help.
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Adv. Ashutosh Patel
Jabalpur | 400+ Answers
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If the complainant specifically requested time to submit her representation and the committee submitted its report prematurely to the Board of Governors, this amounts to a violation of principles of natural justice, especially audi alteram partem (right to be heard). The complainant can file a formal written grievance with the Board of Governors, highlighting the procedural lapse. If no remedial action is taken, she may approach the High Court under Article 226 of the Constitution by filing a writ petition, seeking quashing of the report and directions for proper representation. Depending on the facts, she may also consider initiating action against committee members for dereliction of duty.
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Adv. Abhishek Jat
Gwalior | 25+ Answers
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Complainant can file a writ petition before the jurisdictional High Court, seeking quashing of the report submitted in violation of principles of natural justice and a direction for de novo inquiry or re-consideration. The complainant also have remedy to sue for damages and can also file complaint with State Women's Commission.
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Adv. Yash Nagar
Indore | 25+ Answers
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In such a case, the complainant may first challenge the committee’s action through the Institute’s internal grievance redressal mechanism or by filing a written objection to the Board of Governors, highlighting the denial of her opportunity to be heard (principle of audi alteram partem). If the Board does not act, she can approach the High Court under Article 226 of the Constitution for violation of natural justice and procedural fairness. Depending on the facts, she may also file a civil suit for injunction against the implementation of the report until her representation is considered. The parties she can proceed against include the committee (for procedural lapses) and, if approved, the Institute’s governing body for acting on a defective process.
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