Daily Archives: June, 2018

Case Reviews

ICC proceedings cannot be challenged during interim stages of inquiry. ...

Citation: Shashi Bala v SBM Secondary School (Delhi High Court WP 706 of 2014) Highlights: During the interim stage of the complaint, prior to the finding of any conclusions, no challenge is to be made against the findings in such a ...
Case Reviews

An inquiry is considered to be final, only when the ...

Citation: Sunil Manuprasad Jani v. High Court of Gujarat and Ors. (Gujarat High Court Special Civil Application 14566 of 2015) Highlights: The Court held that the inquiry conducted by the appropriate body can only be held to be final when it ...
Case Reviews

ICC to be reconstituted if not in compliance with the ...

Citation: Linda Eastwood v Union of India and Ors. (Delhi High Court WP 1904 of 2013) Highlights: ICC was reconstituted as the previous ICC was not in compliance with the POSH Act. Facts: The Petitioner filed the petition in order for the ...
Case Reviews

Procedure of Cross-Examination should adhere to principles of Natural Justice: ...

Citation: Manjeet Singh v Indraprastha Gas (Delhi High Court, W.P.(C) 6352/2016) Highlights Cross Examination must be written not verbal. It is important to treat the goodwill, fair name and dignity of the innocent with utmost care Facts The petitioner (Manjeet Singh) ...
Case Reviews

The ICC to be treated as an Inquiry Committee under ...

Citation: L.S. Sibu v Air India Ltd (Kerala High Court, WP(C).No. 4001 of 2016 (A)) Highlights: The enquiry to be conducted under Section 13 is not a preliminary enquiry but should be a full-fledged enquiry as to the finding of fact ...
Case Reviews

Complaint is not time barred in the absence of ICC: ...

Citation: Vishwesh Dayal Shrivastava v Union of India (Allahabad High Court, WRIT – A. No. 13763 OF 2015) Highlights: When an Internal Complaints Committee has not been constituted, the complaint is not time barred. Facts: During the petitioner’s tenure as librarian ...
Case Reviews

Where the grievance of the petitioner amount to “service matter”, ...

Citation: Ramesh Pal v. Union of India and Ors. (MP High Court WP 9086 of 2013) Highlights: Where the matter was under the jurisdiction of the tribunal, it was out of the hands of the High Court. When the matter was ...
Case Reviews

A complaint preferred with the imputation of misconduct/misbehaviour involving sexual ...

Citation: Union of India Vs. S. Jaitha and Ors. (Kerala High Court WP 9695 of 2008) Highlights: It was held in this case that when a petition is brought before the committee, it must proceed with their enquiry, and the ...
Case Reviews

An appeal must be made in order to challenge a ...

Citation: Pradip Mandal v Union of India and Ors. (Calcutta High Court WP 2991 of 2016) Highlights: In this case it was held that an inquiry report made by the ICC binds the employer. Facts: A case of sexual harassment had ...
Case Reviews

The jurisdiction of Tribunals cannot be overlooked by approaching the ...

Citation: Sarita Verma V. New Delhi Municipal Corporation &Ors. (Delhi High Court 2016(4)SCT33(Delhi)) Highlight: It is not open for litigants to directly approach the High Courts by overlooking the jurisdiction of the Tribunal concerned. Fact: The Petitioner, charged with sexual ...
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