" Indian Judiciary Propounds that the Presiding Officers & Members of Internal Committees are also "Judges"
Hon’ble Delhi High Court, in their judgment dated 19.7. 2021, in the matter of Neeraj Bala vs. Union of India & Ors, observed/upheld that...
The Presiding Officers & Members of the Internal Committees are also ‘Judges’ & directed that the "Principles of ‘Security of Tenure’ that apply to i) the Judges, as well as ii) the Presidingthe Presiding Officers & Members of Internal Committees;
The Court referred to Section 11 (3) of Sexual Harassment of Woman at Workplace (Prevention, Prohibition, Redressal) Act 2013; and said that for the Purpose of Making an Inquiry, the Internal Committees have the same powers as are vested in a Civil Court under Code of Civil Procedure, 1908, for Summoning and Enforcing the Attendance of any Person and Examining her/ him on oath and Requiring Discovery and Production of Documents.
Accordingly, Court also said that Presiding Officers and Members of IC are also ‘Judges’ within the meaning of Section 19 of the Indian Penal Code, 1960;
The Court clarified that the word “Judge” denotes not only every person who is officially designated as a Judge, but also every person, who is empowered by Law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive, or who is one of a body of persons, which body of persons is empowered by law to give such a judgment;
This telltale Judgment is bound to serve as a Beacon Light for Employers & the Internal Committees who should rise up to the Standards of Hon’ble Judges of our Judiciary & Tribunals and Evolve as an Effective Redressal Mechanism.
Harsh Kumar Sharan,
For Kritarth Team of Special Educators PoSH Programs.
28 Jan 2022
hksharan@gmail.com / shakti@kritarth.in
#PoSHLessons #PoSHProtocols
#allaboutposh #holistichr #PoshMasters #PoshPromoters
From India, Delhi
200Hon’ble Delhi High Court, in their judgment dated 19.7. 2021, in the matter of Neeraj Bala vs. Union of India & Ors, observed/upheld that...
The Presiding Officers & Members of the Internal Committees are also ‘Judges’ & directed that the "Principles of ‘Security of Tenure’ that apply to i) the Judges, as well as ii) the Presidingthe Presiding Officers & Members of Internal Committees;
The Court referred to Section 11 (3) of Sexual Harassment of Woman at Workplace (Prevention, Prohibition, Redressal) Act 2013; and said that for the Purpose of Making an Inquiry, the Internal Committees have the same powers as are vested in a Civil Court under Code of Civil Procedure, 1908, for Summoning and Enforcing the Attendance of any Person and Examining her/ him on oath and Requiring Discovery and Production of Documents.
Accordingly, Court also said that Presiding Officers and Members of IC are also ‘Judges’ within the meaning of Section 19 of the Indian Penal Code, 1960;
The Court clarified that the word “Judge” denotes not only every person who is officially designated as a Judge, but also every person, who is empowered by Law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive, or who is one of a body of persons, which body of persons is empowered by law to give such a judgment;
This telltale Judgment is bound to serve as a Beacon Light for Employers & the Internal Committees who should rise up to the Standards of Hon’ble Judges of our Judiciary & Tribunals and Evolve as an Effective Redressal Mechanism.
Harsh Kumar Sharan,
For Kritarth Team of Special Educators PoSH Programs.
28 Jan 2022
hksharan@gmail.com / shakti@kritarth.in
#PoSHLessons #PoSHProtocols
#allaboutposh #holistichr #PoshMasters #PoshPromoters
From India, Delhi
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