Is an Internal Committee's inquiry valid or invalid under the POSH Act, 2013, if the respondent is not given a copy of the complaint?

​Yes, an Internal Committee's (IC) inquiry under the POSH Act, 2013, would be invalid if the respondent is not given a copy of the complaint. This is based on the principles of natural justice and the statutory provisions of the Act and Rules.
 
Legal Basis for the Requirement
1. Rule 7(2) of the POSH Rules, 2013:
It explicitly states that upon receiving the complaint, the Complaints Committee (IC or LC) must send a copy to the respondent within seven working days.
 
2. Rule 7(3) of the POSH Rules, 2013: 
The respondent is required to file a reply along with supporting documents, list of witnesses, etc., within ten working days from the receipt of the complaint.
 
3. Section 11(1) of the POSH Act, 2013:
The inquiry must follow the service rules applicable to the respondent, or in the absence of such rules, follow prescribed procedures.
 
4. Section 11(3) of the POSH Act, 2013:
The IC has powers akin to a civil court for summoning, enforcing attendance, and requiring discovery and production of documents.
 
5. Rule 7(4) of the POSH Rules, 2013:
The inquiry must be conducted in accordance with the principles of natural justice. Denying the respondent a copy of the complaint violates the right to a fair hearing.

Judicial Precedent: Kerala High Court Judgment (W.P.(C) No. 9331 of 2024)
The Kerala High Court, in Vineeth V.V. vs. Kerala State Electricity Board Ltd. (2024: KER: 21733), ruled that failure to provide the respondent with a copy of the complaint violates the principles of natural justice and Rule 7 of the POSH Rules, 2013.
 
Key Findings from the Judgment:

• The Internal Complaints Committee (ICC) did not serve the complaint or documents to the petitioner (respondent in the POSH inquiry), violating Rule 7(2) of the POSH Rules, 2013.
• The respondent was not given a chance to cross-examine witnesses, further violating the principles of natural justice.
• The Court held that since Rule 7 was violated, the entire inquiry process was vitiated.
• The ICC’s report was quashed, and the Court directed the formation of a new committee, ensuring compliance with the POSH Act, including adherence to the principles of natural justice.

 
Conclusion

• If the respondent is not given a copy of the complaint, the IC’s inquiry is invalid under Rule 7(2) of the POSH Rules and violates natural justice.
• Judicial precedent (Kerala High Court, 2024) confirms that such an inquiry is liable to be quashed in a court of law.
• Organizations must ensure procedural fairness in POSH inquiries to avoid legal challenges and maintain compliance with the Act.

Disclaimer: This document is for educational purposes only and does not constitute legal advice.

Shekhar Ganagaluru
MSW, LLB, Dip. T&D
HR & IR Specialist | Published Author | Storyteller | Mentor |
Trainer | Community Outreach Coordinator |
​Workplace Safety & Motivation Strategist

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