Role of ROE and GSFC after enquiry by ICC in sexual harassment cases

740 votes

As far as my experience is concerned it is in respect of the BSF Act. I would presume it would be very similar if not same for the other forces under CAPFs. having said that let me clarify that ICC is not equivalent to CoI. But one can take the place of another. for example if it's a case under PSHW act then it is necessary to get the inquiry done by an ICC and it cannot be named as CoI although both are fact finding bodies. the difference between ICC is it's a pre determined body under the act. while coi is constituted ad hoc in terms of the concerned CAPF act. hence it would not be illegal to order a RoE followed by GSFC to try the charges as found by the ICC or CoI as the case may be. If the allegations are against you then it would be befitting for you to either face the trial or get the brief of your case vetted by some good service lawyer to know if the proceedings can be challenged before the high court for any procedural irregularity or illegality

Advocate Tanmoy Chattopadhyay LawRato