Madhya Pradesh High Court, in ShankarlalNamdeo vs. The State Of Madhya Pradesh And Others (W.P No. 17827/2024),on September 3, 2024, set aside the transfer order of an employee accused of sexual harassment under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (“POSH Act“). The Court observed that transferring the employee merely because of pending Internal Committee (“IC“) proceedings is not justified when there is no recommendation from the IC to do so. It further emphasized that the proceedings had reached a stalemate due to actions by the complainant herself, indicating that the transfer was not based on any substantive findings or necessity. The Court stated that such a transfer, in the absence of due process or proper reasoning, effectively results in undue victimization and harassment of the employee, which contradicts the principles of fair and just treatment in disciplinary matters.
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