Plaints under Posh Act: Can’t act against accused without giving copy of complaint, rules Kerala HC

Kochi: High court has held that, before the authorities take any adverse action against an accused under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (Posh Act), such person must be provided with a copy of the complaint and an opportunity to present their case.A bench of Justice M B Snehalatha issued the ruling while allowing the petition of two govt employees working at a govt medical college in Kerala, seeking to quash the order terminating them from service as well as the report of the internal complaints committee (ICC) against them under the Posh Act.The petitioners were terminated from service in Aug 2025 on the basis of adverse findings recorded against them by the ICC in a sexual harassment case. Their case was that ICC's inquiry was arbitrary, illegal and in gross violation of the Act, as neither a copy of the complaint nor the ICC report was supplied to them as required under the statute.It was further contended that the petitioners obtained a copy of the complaint only through the Right to Information Act. They were summoned for inquiry without being served a copy of the complaint, were denied the opportunity to cross-examine the complainant and witnesses, were not informed of the identities of the witnesses cited in the complaint and were not permitted to examine their own witnesses.HC noted that Rule 7(2) of the Posh Rules specifically states that, upon receipt of the complaint, ICC shall send a copy to the respondent, and the inquiry must be conducted in accordance with the principles of natural justice. Similarly, Rule 7(4) provides that ICC shall conduct the inquiry by giving the delinquent a reasonable opportunity to be heard and to present their case.On examining the facts of the case, HC observed that, prima facie, there was merit in the contention raised by the petitioners that the principles of natural justice had been violated. Accordingly, it set aside the termination orders and the ICC report, and directed the concerned authorities under the Posh Act to conduct the inquiry afresh in accordance with law within two months.
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