Lawstreet Journal

‘Moral Policing’ is not the job of the Management or of the ICC: Delhi High Court in Cases of Sexual Harassment at Workplace [READ ORDER]

Lawstreet Journal 21 Dec 2020 10:43pm

Image courtesy: Lawstreet Journal Judiciary ‘Moral Policing’ is not the job of the Management or of the ICC: Delhi High Court in Cases of Sexual Harassment at Workplace [READ ORDER]

The Delhi High Court upon report of Internal Complaints Committee (ICC) which leads to foundation of chargesheet against employee of Punjab National Bank held that ICC does not have the power to make comments on the personal conduct of the parties or seek action against them for indulging in "inappropriate conduct"

The court held that ICC’s jurisdiction would be restricted to the allegations of sexual harassment and whether a complaint is made out or not

The Petitioner has filed the instant petition challenging the recommendations of the ICC, as given in the report dated 15th March 2017, as well as further action which has been taken by the Punjab National Bank on the basis of ICC’s report.

Brief Background of the case:

  • That a complaint under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was filed by the Petitioner against Respondent No,3, who was working as the General Manager in Punjab National Bank, in Mumbai.
  • The said complaint was referred to the ICC, which was constituted by the Punjab National Bank, consisting of four members.
  • The constituted ICC, upon analysing the complaint, came to the conclusion that the relationship between the Petitioner and Respondent No.3 were based on personal grounds with mutual consent, and that the allegations of sexual, emotional and mental harassment were not substantiated by the Petitioner.Thus, the complaint was rejected.
  • The ICC went on to make an observation that the behaviour of the parties had been inappropriate and unbecoming of Officers/Employees of the Bank, and accordingly the ICC recommended the Competent Authority to take suitable action against them,… Continue Reading...

    Tagged: Sexual Harassment  
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