Posh at Work Places

Ajay Kumar Nagraj v. ICICI Bank Ltd. & Others In a vital judgment reinforcing the right to a fair hearing under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 ( POSH Act ), the Gujarat High Court in Ajay Kumar Nagraj v. ICICI Bank Ltd. & Others emphasized that an Internal Committee (IC) must adhere strictly to the principles of natural justice while conducting inquiries. The ruling highlights that while the POSH Act is designed to protect women from harassment, the inquiry process must remain balanced and fair for both complainant and respondent. The case involved Ajay Kumar Nagraj, a senior executive of ICICI Bank, who was subjected to an adverse finding by the Internal Committee following a complaint of sexual harassment by a female colleague. Nagraj challenged the inquiry on the grounds that he was not given adequate opportunity to present his defense, access documents, or cross-examine witnesses—violations that he claimed rend...

In a significant ruling highlighting the importance of timely action and procedural diligence under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 ( POSH Act ), the Calcutta High Court in Bidyut Chakraborty v. Visva-Bharati University & Others emphasized that delay in initiating action on sexual harassment complaints can defeat the very purpose of the law. The Court made it clear that both Internal Committees (ICs) and employers have an obligation to act promptly and decisively when such allegations arise. The case revolved around a senior university official, Bidyut Chakraborty, who faced allegations of sexual harassment raised by a woman employee. The complainant approached the Court after the university authorities delayed taking appropriate action on her complaint, effectively stalling the initiation of the formal inquiry under the POSH framework. The inaction led the complainant to seek judicial intervention to ensure enforcement...