POSH Updates – ICC Report Not Binding on ‘Full Court’ as a Disciplinary Authority

In a recent case, the Delhi High Court pronounced a judgement stating that the Full Court as a disciplinary authority is unbound by the report released by an Internal Complaints Committee. A Full Court refers to court of law that comprises of a higher number of judges.

The Court stated that for those in the judicial services in a High Court, the right to appeal provided in Section 18 of the PoSH Act is to be read in line with Article 235 of the Indian Constitution, which essentially talks about the rights of the District Courts and the Courts lower in the hierarchy than them.

The bench consisting of Asha Menon and Rajiv Sahai Endlaw pointed out that the right of appeal challenging a report of inquiry produced by the Full Court is inexistent in terms of the provisions provided under Sections 11 and 18 of the POSH Act. The Court observed that even though under the Act, on receipt of the ICC report of allegations being true, the Disciplinary Authority is legally obligated to take action for sexual harassment as misconduct. However, the Full Court, also as a disciplinary authority, considering Article 235, is not bound by the report.

The Delhi Court presented the following:

“The Full Court as the Disciplinary Authority, under Rules 8 & 9 of the AIS Rules also, after receipt of report of the Inquiring Authority, was only required to give opportunity to the petitioner to represent there against and to, after considering the said representation, impose penalty and which has also been done in the present case.”

The Court has also discerned that until today, there were no proper amendments made in service rules. However, directions were given by the Supreme Court in relation to a disciplinary committee’s report as a report of inquiry of the ICC were concerned.

Written by: Tharika Sai

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