In a school, a charge of sexual harassment was made against a teacher by a minor student. The police were informed, and a case was registered. Should the School Management conduct an inquiry under the POSH Act, or its role over?
Kindly suggest.
Thanks.
From India, Delhi
10Kindly suggest.
Thanks.
From India, Delhi
Dear member,
My recommendation is to conduct the enquiry under the provisions of PoSH. Let the Internal Committee (IC) investigate the matter. The investigations by police and investigations by the IC are independent. One cannot be a substitute for another.
Let us consider a case of misconduct like fraud or misappropriation of funds etc. which is other than sexual harassment. I am unable to recollect the exact case law but let me write what I remember.
The company conducted the domestic enquiry and later awarded the punishment of termination of the services. However, the police authorities also conducted an investigation and the accused employee was charge-sheeted. But the court acquitted the employee.
Later, an employee approached the employer asking for the reinstatement of the employment. As the employer refused to do so the employee approached the labour court. The labour court ruled that the acquittal by the court has no bearing on the punishment awarded by the employer. Hence the case was dismissed.
POCSO and POSH, are independent acts. The latter applies to your organisation. Therefore, let the IC go ahead and do their job.
Please note that recently in Delhi, there was a case of false allegation of sexual harassment by a student. Therefore, a free and fair enquiry is sine quo non.
Anyway, other seniors like Mr Madhu TK and Mr Saswata Banerjee will also provide the inputs. Let us wait for their comments.
Thanks,
Dinesh Divekar
From India, Bangalore
My recommendation is to conduct the enquiry under the provisions of PoSH. Let the Internal Committee (IC) investigate the matter. The investigations by police and investigations by the IC are independent. One cannot be a substitute for another.
Let us consider a case of misconduct like fraud or misappropriation of funds etc. which is other than sexual harassment. I am unable to recollect the exact case law but let me write what I remember.
The company conducted the domestic enquiry and later awarded the punishment of termination of the services. However, the police authorities also conducted an investigation and the accused employee was charge-sheeted. But the court acquitted the employee.
Later, an employee approached the employer asking for the reinstatement of the employment. As the employer refused to do so the employee approached the labour court. The labour court ruled that the acquittal by the court has no bearing on the punishment awarded by the employer. Hence the case was dismissed.
POCSO and POSH, are independent acts. The latter applies to your organisation. Therefore, let the IC go ahead and do their job.
Please note that recently in Delhi, there was a case of false allegation of sexual harassment by a student. Therefore, a free and fair enquiry is sine quo non.
Anyway, other seniors like Mr Madhu TK and Mr Saswata Banerjee will also provide the inputs. Let us wait for their comments.
Thanks,
Dinesh Divekar
From India, Bangalore
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