POSH Act--ICC Inquiry--Non-Service of Complaint Copy and Denial of Cross-Examination Violates Rule 7 of POSH Rules and Vitiates ICC Inquiry
Service of a copy of the complaint and relevant documents on the accused is mandatory under Rule 7(2) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013. Failure to serve such copies and denial of opportunity to cross-examine the complainant and witnesses violates principles of natural justice and vitiates the inquiry conducted by an Internal Complaints Committee. An ICC report passed in breach of these procedural safeguards is liable to be set aside, irrespective of the merits of the underlying complaint.
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