Skip to main content

How POSH Inquiries Conclude with Fair Findings.

Every investigation must reach a logical and just conclusion. Under the POSH Act , 2013, the Internal Committee (IC) is mandated to complete its inquiry within a fixed timeframe and deliver a reasoned, evidence-based report. Step 7, Completion of Inquiry & Findings, is where the IC translates all testimonies, documents, and evidence into a clear determination of whether sexual harassment has been proved. This stage is critical because it directly impacts the future of the complainant, the respondent, and the organization. 1. Timeline for Completion The POSH Act requires the IC to complete its inquiry within 90 days of receiving the complaint. This ensures the process is not prolonged unnecessarily and that both parties receive closure in a reasonable timeframe. 2. Elements of the Final Findings The IC’s findings must be clear, detailed, and impartial. A comprehensive report typically includes: Allegations examined: Specific incidents or behaviors raised in the complaint. Evidence c...
Post a Comment

How POSH Inquiries Conclude with Fair Findings.

Every investigation must reach a logical and just conclusion. Under the POSH Act, 2013, the Internal Committee (IC) is mandated to complete its inquiry within a fixed timeframe and deliver a reasoned, evidence-based report. Step 7, Completion of Inquiry & Findings, is where the IC translates all testimonies, documents, and evidence into a clear determination of whether sexual harassment has been proved. This stage is critical because it directly impacts the future of the complainant, the respondent, and the organization.

1. Timeline for Completion

The POSH Act requires the IC to complete its inquiry within 90 days of receiving the complaint. This ensures the process is not prolonged unnecessarily and that both parties receive closure in a reasonable timeframe.

2. Elements of the Final Findings

The IC’s findings must be clear, detailed, and impartial. A comprehensive report typically includes:

  • Allegations examined: Specific incidents or behaviors raised in the complaint.
  • Evidence considered: Documents, emails, messages, CCTV footage, witness testimonies, or other relevant material.
  • Statements of parties: Recorded during hearings.
  • Analysis of evidence: How the IC weighed credibility and consistency.
  • Application of law: Whether the conduct fits within the definition of sexual harassment under Section 2(n) of the POSH Act.
  • Conclusion: Whether the allegations are proved, partly proved, or not proved.

3. Standards of Decision-Making

  • The IC applies the principle of “preponderance of probability”  i.e., is it more likely than not that the alleged harassment occurred?
  • This standard is less stringent than criminal law but is appropriate for workplace inquiries, where maintaining dignity and fairness takes precedence over strict technicalities.

4. Responsibilities of the IC at This Stage

  • Ensure findings are based on evidence, not assumptions or personal bias.
  • Maintain confidentiality of sensitive details.
  • Write the report in clear, professional language, avoiding emotional or judgmental expressions.
  • Avoid leaving findings vague or inconclusive.
  • Keep the focus on workplace safety and organizational accountability.

5. Why Step 7 Matters

Completion of inquiry and findings is the turning point of every POSH case. Its importance lies in:

  • Delivering justice: Providing clarity and closure to the complainant and respondent.
  • Protecting organizations: A well-reasoned report can withstand external scrutiny (e.g., courts, labor authorities).
  • Strengthening trust: Employees see that the IC functions with integrity and professionalism.
  • Guiding employer action: The findings form the basis for disciplinary measures or dismissal of the complaint.

Conclusion

Step 7 of POSH investigation, Completion of Inquiry & Findings, is where justice takes shape. By documenting facts, applying the law fairly, and arriving at a reasoned conclusion within the mandated timeframe, the Internal Committee ensures that the process upholds both dignity and due process. For organizations, this step is proof that their POSH mechanism is not just procedural, but a genuine instrument of workplace justice.

Labels:

Comments

Post a Comment

Popular posts from this blog

Filing a Complaint under the POSH Act: Procedure and Timelines

The Prevention of Sexual Harassment ( POSH ) Act, 2013, was enacted to create a safe workplace environment and ensure that incidents of sexual harassment are addressed promptly and effectively. A key aspect of the Act is the process by which employees can file a complaint if they experience sexual harassment at work. This article delves into the complaint filing procedure under the POSH Act, including the essential timelines, extensions, and rights of the complainant. 1. Who Can File a Complaint under the POSH Act? The POSH Act allows any aggrieved woman to file a complaint if she has faced sexual harassment in the workplace. The complainant can be: • A woman employed in any capacity (temporary, permanent, part-time, or full-time). • An employee in an organization (including interns and contractual staff). • A woman visiting the workplace or a client of the organization. Additionally, if the complainant is unable to file a complaint due to physical or mental incapacity or for oth...
Post a Comment
Read more

Saurabh Kumar Mallick v. CAG: Reinforcing the Reach of the POSH Act in Government Institutions.

In a landmark judgment, the Delhi High Court delivered a resounding verdict that extended the applicability of the Prevention of Sexual Harassment (POSH) Act to government organizations, including constitutional bodies like the Comptroller and Auditor General of India (CAG). The case of Saurabh Kumar Mallick v. Comptroller & Auditor General of India (2018) was a pivotal moment in ensuring that the principles of the POSH Act are upheld across all spheres of employment, irrespective of the nature or status of the organization. The Crux of the Case The case arose from a petition filed by Saurabh Kumar Mallick, an Assistant Audit Officer employed with the CAG, who alleged that he had been subjected to sexual harassment by a superior officer. Mallick claimed that despite filing a formal complaint, the CAG failed to take appropriate action or constitute an Internal Complaints Committee (ICC) as mandated by the POSH Act. The CAG, in its defense, argued that as a constitutional body, it w...
Post a Comment
Read more

Posh Lawyers in India

PoSH (Prevention of Sexual Harassment )Awareness Session helps organisations in a big way in 1) Preventing and Discourage sexually harrasement at work 2) Encouraging victims to file grievances 3) Encouraging coworkers to understand their role in creating safe work environment. 4) Highlighting the Gender Neutral policy aspects Glad to have delivered at Cloudnine Group of Hospitals ~Noida A detailed employee and manager session highlighting key aspects of POSH ACT 2013 through case studies , Videos and Quiz . Thank you Trisha Singh and Saloni for organising,participating and partnering in the session. It is such a inspiration to see how the HR and leadership team is working together to ensure this organisation continues to be a workplace of choice in healthcare sector. Voice of SASHA 🤝POSHADVO Kanti Joshi 🤝Adv Kanchan K. Kanchan Khatana And Associates Sexual Harassment at Workplace Posh Training Best POSH consultant in India POSH ACT 2013 
Post a Comment
Read more