LawRato

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


04-Nov-2023 (In Criminal Law)
A victim of sexual harassment at workplace in the CAPFs filed a complaint and underwent the enquiry process as prescribed under the SHWW (PPR) Act by an ICC. Now a fresh ROE and GSFC has been ordered in name of "departmental enquiry" claiming ICC to be similar to a COI under the service rules. Is ROE and GSFC prescribed as stated? What is the suggested course of action?
Answers (1)

Answer #1
827 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

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."