27 Mar 2026 12:17 PM

Departmental Proceedings--Disciplinary Action On Basis Of ICC Findings Under POSH Act Does Not Require Fresh Charge-Sheet Or Departmental Inquiry

Under the Protection of Women from Sexual Harassment at Workplace Act, 2013, the report of the Internal Complaints Committee constitutes a complete inquiry report for the purpose of Section 13 and Rule 9 of the POSH Rules. An employer may impose penalty directly on the basis of the ICC report without conducting a separate departmental inquiry or issuing a formal charge-sheet. The POSH Act is a special and complete code; general service rules mandating a separate inquiry do not override it. A second inquiry on the same subject matter amounts to impermissible duplication and defeats the object of the legislation.

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