Delhi High Court has observed that the complaint of sexual harassment and inquiry proceeding cannot be quashed mere because internal complaints committee (ICC) failed to complete inquiry within the time-frame of 90 days mentioned under section 11(4) of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
“Needless to say, that such complaints containing allegations of sexual harassment deserves to be treated with a certain amount of seriousness and responsibility and accordingly, the same have to be inquired into and taken to their logical conclusion for it is both in the interest of the complainant as well as the person against whom the allegations of sexual harassment have been levelled,” Justice Vikas Mahajan said.
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Observing that section 11(4) of the Act cannot be said to be mandatory, the court referred to the decision of Tripura High Court in Vinay Kumar Rai v. Union of India and Ors. wherein it was observed that the time limit provided under the provision cannot be seen as a terminal point beyond which the inquiry cannot be continued.
“It is not the case of the petitioner that the delay is attributable to the respondent no. 3 (complainant). I am prima facie of the view that the complaint of sexual harassment and the inquiry proceeding emanating therefrom cannot be quashed merely for the reasons that the internal complaints committee failed to complete the inquiry within the time frame given in Section 11(4) of the Act.”
Source: Live Law
Title: CA NITESH PARASHAR v. INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA ICAI & ORS.
Citation: 2023 LiveLaw (Del) 20
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