Complainant is Definitely a “Concerned Party”: SC Imposes Rs. 25000 on BSF for Omission to Adhere with Section 13 POSH Act 

Brief: – Supreme Court imposed a penalty of Rs. 25,000 on BSF for violation of Section 13 of the POSH Act.  

Case Description 

X v. Union of India & Ors.  

Supreme Court of India 

Case Type: Writ Petition (Criminal) 

Case No.: Writ Petition (Criminal) No(s). 284/2020 

Date of Order: 04.12.2024 

Bench: Sudhanshu Dhulia, J. & Ahsanuddin Amanullah, J. 

Facts 

1. A Border Security Force (“BSF”) constable filed a complaint of sexual harassment against one of the officers. She alleged that BSF did not take any actions on the complaint, therefore, she had to file the current petition.  

2. BSF filed a counter-affidavit stating that it had initiated an inquiry under the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013 (“POSH Act”) based on the complaint. But it resulted in discharge of all charges against officer due to lack of evidence.  

3. However, on approval of Inspector General, a fresh inquiry under the Border Security Force Act, 1968 occurred and resulted in imposition of three penalties against the officer, i.e., (i) 89 days of rigorous imprisonment, (ii) forfeiture of 5 years of service promotion, and (iii) forfeiture of 5 years of past service for the purpose of pension.  

Issue: 

1. Whether omission to provide Inquiry Report to the Complainant is a violation of POSH Act provisions? 

Laws Involved: 

1. Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013 

2. Border Security Force Act, 1968 

Petitioner’s Contentions 

1. Accused was liable under the POSH Act and should have received punishment under the same.  

2. Petitioner did not receive a copy of the POSH proceeding’s Inquiry Report. This is a violation of Section 13(1) of POSH Act. 

Respondent’s Response 

1. BSF had conducted an inquiry under POSH Act, but nothing substantial emerged out of it. This led to discharge of all charges against the officer. 

2. Punishment imposed after the second inquiry has been implemented without any appeal from the concerned officer.  

3. In addition to not being the accused, the inquiry did not result in discovery of anything material against the accused. Therefore, no Inquiry Report was shared with the Petitioner.  

Court’s Observation  

1. As per Section 13 of POSH Act, it is mandatory to provide Inquiry Report to all “concerned parties”. This includes the Respondent as well as the Complainant.  

2. The punishment for violation of Section 13 resides in Section 26 of the POSH Act.  

Conclusion 

• The Hon’ble Court observed that it was an admitted fact that a copy of Inquiry Report was not provided to the Complainant. It held this omission to be a violation of Section 13 of POSH Act and imposed a penalty of Rs. 25,000/- on BSF to be paid to the petitioner. 

• Regarding punishment, the Court observed that the concerned employee has already received the punishment, and such punishment meets the ends of justice. Thus, nothing further needs to be altered.  

Authored by Ayush Bardhan, Trainee Associate, The Legal Swan