Serving Copy Of Complaint To Delinquent Mandatory Under POSH Rules: Kerala High Court While Setting Aside ICC’s Report

The High Court was considering a writ petition filed by the petitioners seeking the quashing of a termination order, as well as all the reports of the Internal Complaints Committee (ICC).

The Single Bench of Justice M.B. Snehalatha held, “Serving a copy of the complaint and other relevant documents to the delinquent is mandatory under Rule 7 of the POSH Act and Rules and the failure to do so is in violation of the principles of natural justice.”

“It is evident that enquiry was conducted by ICC by violating the principles of natural justice and therefore, Ext.P3 report is vitiated and liable to be set aside, as the enquiry was conducted without following the POSH Act and Rules and principles of natural justice”, it added.

Advocate Shibi K.P. represented the Petitioner, while Advocate K.R. Ganesh represented the Respondent.

Arguments

It was the case of the petitioner that the enquiry was conducted by the Internal Complaints Committee (ICC) in violation of the principles of natural justice. Neither the copy of the complaint nor the ICC report was supplied to them as required under the statute. The petitioners claimed that they were also denied the opportunity to cross-examine the complainant as well as the witnesses, and were also denied the right to know who the witnesses cited in the complaint. The petitioners thus submitted that there was a violation of Rules 7(2), 7(3) and 7(4) of the POSH Act.

Reasoning

Referring to Section 11(1) of the POSH Act, the Bench explained that an enquiry conducted under the said Act against an employee of the state must be in the form of a disciplinary enquiry to prove misconduct and the procedure to be followed in such enquiry must be the procedure prescribed under the Kerala Civil Services (Classification, Control and Appeal) Rules or such other departmental rules applicable to the employee. Reference was also made to Rule 7(2), which specifically states that, on receipt of the complaint, the Complaints Committee shall send one of the copies to the respondent, and the inquiry should be done in accordance with the principles of natural justice.

The Bench made a reference to the counter-affidavit filed by the Principal of Govt. Medical College, Kottayam, wherein it was stated that during the hearing, the complaint was shown to each of the accused. “Thus, from the counter affidavit filed, it is evident that there is merit in the contention put forward by the petitioners that they were not served with copy of the complaint. The records would also reveal that no opportunity was given to the petitioners to cross-examine the complainant and witnesses. Thus, prima facie, there is merit in the contention put forward by the petitioners that there is violation of the principles of natural justice”, it added.

Thus, setting aside the report of the Internal Complaints Committee, the Bench directed that a fresh enquiry be conducted within a period of two months.

Cause Title: Xxxxx v. Kerala Social Security Mission ( Neutral Citation: 2026:KER:23655)

Appearance

Petitioner: Advocates Shibi K.P., C.K.Sunil, Vidya K.G.

Respondent: Advocate K.R. Ganesh

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