inquiry

Indian High Courts on Suspension of Respondent during Pendency of Inquiry

Indian High Courts on Suspension of Respondent

Section 12 (1) of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act and Rules, 2013 (“Law”) provides that during the pendency of an inquiry, on a written request made by the aggrieved woman, the Internal Committee or the Local Committee, as the case may be, may recommend to the employer to: transfer …

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ICC Inquiry Report Cross Examination & More: High Court of Kerala

In the case of L. S. Sibu vs. Air India Limited and Others, the High Court of Kerala at Ernakulum, held on 8th April 2016 that: Referring to the case of Medha Kotwal Lele vs. Union of India, 2013(1) SCC 311, the Court held that the status of the Internal Complaints Committee (ICC) is deemed …

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Inquiry Report of ICC binding on Employer & must be provided to Parties

inquiry report of ICC

In the case of Pradip Mandal vs. Union of India and Ors., the High Court of Calcutta, in its decision dated 9th June, 2016, held that Section 13 (4) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“Act”) makes the recommendation of the ICC (inquiry report) binding on the …

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DoPT OM of 16.07.2015 on Step Guide for Handling Sexual Harassment Complaints

guide for handling sexual harassment

The Government of India, through the Department of Personnel & Training of the Ministry of Personnel, Public Grievances and Pensions (“DoPT”), published the Office Memorandum F. No. 11013/2/2014-Estt (A-III), dated 16th July, 2015 stating that a guide on “Steps for Conduct of Inquiry in complaints of Sexual Harassment” (“Step Guide”) has been formulated laying down …

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DoPT OM of 09.09.2016 on Seniority of Chairperson of the ICC

Seniority of Chairperson of ICC

The Government of India, through the Department of Personnel & Training of the Ministry of Personnel, Public Grievances and Pensions (“DoPT”), published the Office Memorandum F. No. 11013/2/2014-Estt.A-III, dated 9th September, 2016 regarding the seniority of the Chairperson of Internal Complaints Committee (“ICC”) of an organization under the Sexual Harassment of Women at Workplace (Prevention, …

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Guidelines for Employers and ICC Members: DHC

Guidelines for Employers

The case of Linda Eastwood vs. Union of India and Ors., decided by the High Court of Delhi on 23rd December, 2015 i.e Guidelines for Employers and ICC Members, is an important one as it discusses several issues in relation to constitution of an internal complaints committee, conduct of an inquiry and preparation of the …

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Should FIR be quashed if departmental enquiry concluded?

Should FIR be Quashed

In the case of Ranbir S. Arora vs. State, the High Court of Delhi, on 05.08.2014, held that even if there is a minor discrepancy in one version of the complaint qua the other it would definitely not make out a case for quashing the FIR and a criminal proceeding cannot be quashed even if …

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