A woman IAS officer was harassed by another IAS officer, and the court has given an important verdict on the case. The woman is a 2004 batch Indian Administrative Service (IAS) officer and that time, was posted as Joint Secretary, Department of Food and Public Distribution. She alleged that on 15.05.2023, an IAS officer of 2010 batch posted as OSD, Investigation, Central Board of Direct Taxes, Delhi, sexually harassed her at her workplace, which was at Krishi Bhawan, New Delhi. She also filed FIR against the IAS officer.
A complaint under the POSH Act was presented before the ICC constituted under Section 9 of the POSH Act at the aggrieved woman’s department/workplace, i.e., the Department of Food and Public Distribution, on 24.05.2023.
Pursuant to the complaint by the aggrieved woman, the ICC, through its Member Secretary, issued a meeting notice/order bearing F No. 01/01/2023-ICC dated 13.06.2023 to the Appellant, scheduling a hearing for the complaint, for him to appear on 22.06.2023 along with a response to the complaint.
The IAS officer (appellant) filed a case before the CAT seeking direction to set aside the order and all consequential proceedings arising therefrom. The CAT dismissed the case filed by the Appellant, which has been upheld by the High Court vide the impugned order.
The main question in this case was that a woman was sexually assaulted by a man from other department and whether the woman should have filed a complaint in her own ICC (Internal Complaints Committee) or third-party ICC. Whether the ICC constituted in one department of the Central Government has the jurisdiction to entertain a complaint of sexual harassment under the POSH Act against an employee of a different department of the Central Government?
The matter finally reached the Supreme Court. The Supreme Court held that when a woman is subjected to sexual harassment at the workplace by a person who is not part of her own organisation, she is entitled to file her complaint before the Internal Complaints Committee (ICC) of her own workplace, and not before the ICC of the third party’s establishment.
The Court has ordered that the report of the ICC constituted at the aggrieved woman’s workplace shall be transmitted to the Department of the appellant forthwith, which shall take further action as necessary under the POSH Act following the procedure as prescribed in the relevant service rules.
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