WHAT ARE THE ENQUIRY PROCESS TO ENSURE A FAIR ENQUIRY?

3/2/2023

The Enquiry must be conducted on the same lines of conducting a “Domestic Enquiry”. Strictly in conformity with the principles of natura justice and follow “Procedural Proceedings”, Examination & cross examination, documents, and no proceedings to be conducted in the absence of the Complainant as well as the respondent.

In case the constitution of the IC is not in line with Sec.4 read with Rule 4, all proceedings including report submitted by IC are not sustainable.

Basic object of the Act is that the a woman alleging sexual harassment feels safe during the course of the proceedings by IC.Compliance of strict adherence to Principles of Natural Justice is an absolute must.

Ruchika was working with Air France as Commercial Assistant. One Mr Brun, a French National was the Marketing Manager. Ruchika was being sexually harassed by Brun on number of occasions and she made a compliant. Brun and other 3 persons threatened her of dire consequences & demanded resignation from her. When she resisted, 3 persons who pressurized her to submit resignation, molested her, accepted the resignation letter & was ordered to go-out of the Office within one hour.

The High Court severaly dealt with the case & the petition was allowed. Ruchika Singh Vs Air France India. 2018 LLR 697.

The Enquiry conducted by the IC will be vitiated:

When the IC is not constituted as per Sec.4 of the Act.

Incident of harassment took place at Thani District whereas the Inquiry was held in Chennai District about 500 km away.

When the Inquiry is not held as per the procedure laid down

IC was carried away by the decison of the criminal court, acquitting the accused giving benefit of doubt.

During the Enquiry to ensure protection to the woman complainant, and to create conducive atmosphere, the aggrieved woman or the accused must have been transferred.

K. Hema Latha Vs State of Tamil Nadu.2018 LLR 477.Mad.HC

IC is required to formulate a definite conclusion in its findings since the same is the requirements as per provisions of Sec.13(3) of the Act.

If opportunity of cross examination is not provided to the delinquent, or did not allow the delinquent to produce his defense witnesses, then the report of IC is not acceptable.

Strict compliance of principles of natural justice is needed.

In this case, the High Court remanded back to IC to continue from the stage of cross examination and such enquiry be completed within 90 days.

AsokKumar Singh Vs University of Delhi. 2017 LLR 1014. Del.HC.