IC cannot recommend termination as punishment under PoSH law: Calcutta HC

IC cannot recommend termination as punishment under PoSH law: Calcutta HC

Calcutta High Court in Satyajit Ray Film and Television vs. Subhadro Choudhury [MAT 1414/2022], held that the jurisdiction of an Internal Committee (“IC“) under the PoSH Act is limited to determining whether the charges against an employee have been substantiated and if the charges are proven, the IC is only empowered to recommend to the employer that the actions of the delinquent employee be treated as misconduct in accordance with the company’s policies and that the IC does not possess the authority to recommend the termination of the delinquent employee as punishment for his actions.

Also read: To be an industry, Services of employee and organisation must be related to organisation: J&K HC

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