--"Do Employers realize that only Properly Trained Internal Committee Members Can give Conclusive and Definite Findings which are Final and Binding on the Employers before Employers Initiate Disciplinary Action against such Employee Found Guilty of Acts of Misconduct?"--
The Internal Committee Findings and or Recommendations are Final and Binding on the Employers, as per Provisions of Sexual Harassment of Woman at Workplace ( Prevention, Prohibition & Redressal) Act 2013, Section-13, (4) relevant extract of which is Quoted below:
Quote:-..........' The Employer or the District Officer shall act upon the (Internal Committee's) Recommendation within Sixty Days of its receipt by him (The Employer/ Heads of Institution/Disciplinary Authority); Unquote:-
Further, it is noteworthy to take note of Hon'ble Kolkata High Court's Judgement / Ruling / Order / Verdict, dated 9th June 2016, to the effect that:-
a) The Internal Committee's "Recommendation, Inquiry Report shall be Binding on the Employer/ the Disciplinary Authority;
b) The IC's "Recommendation, Inquiry Report and Inquiry Findings cannot be "tinkered with by the Employer or its Disciplinary Authority or Regular Appellate Authority; AND
c) The only exercise that is to be undertaken by a Disciplinary Authority is to consider the "quantum of punishment" that is warranted in a given set of circumstances;
d) ICs Recommendation is Binding on the Employers "subject to the Right of Appeal, recognized by Section 18 of aforesaid Act; therefore, if an appeal is filed and is successful, the Recommendation of the IC and the Order of Punishment (if already passed in accordance with the ICs Recommendation) would become insignificant, infructuous and inoperative; and
e) The Employer has to simply act on the Basis of the IC Report which Employers are Mandatorily required to do;
The Judicial Pronouncement, Judgement, Order, being so, it is worthwhile For the Employers to Ponder Over the Points below:--
1. Are the Presiding Officers and Members of the ICs constituted by them at their Workplaces Establishment, TRAINED Properly to Become Capable, Effective* & Competent to carry out their Legal Duties, including conducting Proper Inquiry entrusted to them by the said Act of 2013? ; and
2. Submit Conclusive & Definite Findings & Recommendations;
3. So that the Employers are Not at Odds with the I C's Findings or Recommendations and therefore
4, Accept the IC's Findings & Recommendations, Naturally, Heartily and without any Doubts, Dilemmas or Reservations, whatsoever;
Harsh Kumar Sharan, XLRI Alumnus
Founder-Director Kritarth Consulting Pvt Ltd;
Spl Educator PoSH Mandatory Programs;
Serving Member (External) on ICs PAN India;
Domestic Inquiry Specialist- Available on a Freelance basis
hksharan@kritarth.in ..../ shakti@kritarth.in.../ 9560453 756
Blog:-- https://holistichr.bogspot.com
29th July 2022
From India, Delhi
200The Internal Committee Findings and or Recommendations are Final and Binding on the Employers, as per Provisions of Sexual Harassment of Woman at Workplace ( Prevention, Prohibition & Redressal) Act 2013, Section-13, (4) relevant extract of which is Quoted below:
Quote:-..........' The Employer or the District Officer shall act upon the (Internal Committee's) Recommendation within Sixty Days of its receipt by him (The Employer/ Heads of Institution/Disciplinary Authority); Unquote:-
Further, it is noteworthy to take note of Hon'ble Kolkata High Court's Judgement / Ruling / Order / Verdict, dated 9th June 2016, to the effect that:-
a) The Internal Committee's "Recommendation, Inquiry Report shall be Binding on the Employer/ the Disciplinary Authority;
b) The IC's "Recommendation, Inquiry Report and Inquiry Findings cannot be "tinkered with by the Employer or its Disciplinary Authority or Regular Appellate Authority; AND
c) The only exercise that is to be undertaken by a Disciplinary Authority is to consider the "quantum of punishment" that is warranted in a given set of circumstances;
d) ICs Recommendation is Binding on the Employers "subject to the Right of Appeal, recognized by Section 18 of aforesaid Act; therefore, if an appeal is filed and is successful, the Recommendation of the IC and the Order of Punishment (if already passed in accordance with the ICs Recommendation) would become insignificant, infructuous and inoperative; and
e) The Employer has to simply act on the Basis of the IC Report which Employers are Mandatorily required to do;
The Judicial Pronouncement, Judgement, Order, being so, it is worthwhile For the Employers to Ponder Over the Points below:--
1. Are the Presiding Officers and Members of the ICs constituted by them at their Workplaces Establishment, TRAINED Properly to Become Capable, Effective* & Competent to carry out their Legal Duties, including conducting Proper Inquiry entrusted to them by the said Act of 2013? ; and
2. Submit Conclusive & Definite Findings & Recommendations;
3. So that the Employers are Not at Odds with the I C's Findings or Recommendations and therefore
4, Accept the IC's Findings & Recommendations, Naturally, Heartily and without any Doubts, Dilemmas or Reservations, whatsoever;
Harsh Kumar Sharan, XLRI Alumnus
Founder-Director Kritarth Consulting Pvt Ltd;
Spl Educator PoSH Mandatory Programs;
Serving Member (External) on ICs PAN India;
Domestic Inquiry Specialist- Available on a Freelance basis
hksharan@kritarth.in ..../ shakti@kritarth.in.../ 9560453 756
Blog:-- https://holistichr.bogspot.com
29th July 2022
From India, Delhi
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