Before Starting Enquiry, ICC Can Try To Settle POSH Act Case: Madhya Pradesh HC Allows NIT Asst Prof's Plea Against Dismissal From Service

The Madhya Pradesh High Court allowed the plea of an NIT Bhopal Assistant Professor against his dismissal for sexual harassment, citing violations of natural justice and procedural lapses. The court noted that the Internal Complaints Committee (ICC) failed to comply with Sections 10 and 11 of the POSH Act, which require attempts at conciliation before initiating an inquiry. The court found that the inquiry was conducted without following proper procedures, including recording statements and allowing cross-examination. The court termed the inquiry an “eyewash” and quashed the dismissal, emphasizing the need for adherence to legal and procedural requirements in handling sexual harassment cases. This ruling underscores the importance of fair and just procedures in disciplinary actions and the protection of employees’ rights.