Case Note & Summary
The petitioner, an employee of Akasa Air, was accused of sexual harassment by a female colleague (Respondent No. 3). An Internal Complaints Committee (ICC) was constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). The ICC conducted an inquiry and submitted a report finding the petitioner guilty. The petitioner challenged the report by way of a writ petition under Articles 226 and 227 of the Constitution of India, primarily on the ground that he was not given an opportunity to cross-examine the complainant or the witnesses who testified against him. The court examined the ICC's procedure and found that the petitioner's requests for cross-examination were repeatedly denied. The court held that the principles of natural justice require that a person accused of misconduct must be given a fair opportunity to defend himself, which includes the right to cross-examine witnesses. The ICC's failure to grant this right rendered the inquiry procedurally flawed. Consequently, the court quashed the ICC report and directed the ICC to conduct a fresh inquiry, ensuring that the petitioner is given a fair opportunity to cross-examine the complainant and other witnesses. The court also directed that the fresh inquiry be completed within three months.
Headnote
A) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - Quashing of ICC Report - The petitioner challenged the ICC report on grounds of violation of natural justice as he was denied the right to cross-examine the complainant and witnesses. The court held that the ICC's inquiry was procedurally flawed and quashed the report, directing the ICC to conduct a fresh inquiry after granting the petitioner a fair opportunity to cross-examine. (Paras 1-29) B) Sexual Harassment - POSH Act - Section 11 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 - Fair Inquiry - The court held that the ICC must follow principles of natural justice, including the right to cross-examine witnesses, to ensure a fair inquiry. The failure to do so vitiates the inquiry and the resulting report. (Paras 10-25)
Issue of Consideration
Whether the Internal Complaints Committee's report finding the petitioner guilty of sexual harassment is sustainable when the petitioner was not given an opportunity to cross-examine the complainant and other witnesses.
Final Decision
The court quashed the ICC report and directed the ICC to conduct a fresh inquiry, granting the petitioner a fair opportunity to cross-examine the complainant and other witnesses. The fresh inquiry to be completed within three months.
Law Points
- Principles of natural justice
- right to cross-examine
- fair inquiry under POSH Act
- Section 11 POSH Act
- Article 226 Constitution of India
- Article 227 Constitution of India
