In a significant ruling on workplace harassment procedures, the Gujarat High Court declined to interfere with the findings of an Internal Complaints Committee (ICC) under the POSH Act, holding that no apparent illegality existed in the committee’s report.
Background of the Case
The petitioner, an Assistant Manager in a cooperative milk federation, approached the High Court challenging an ICC report dated September 25, 2025. She alleged physical and verbal misconduct by senior officials and sought quashing of the report along with a fresh inquiry by an independent committee.
According to her complaint, an incident on May 28, 2025 involved alleged assault and forceful snatching of her mobile phone. She also claimed that her access to official systems was blocked afterward and that she faced pressure during police proceedings.
Parallelly, a counter-complaint was filed against her by another employee, accusing her of circulating defamatory material. Both complaints were examined together by the ICC.
Counsel for the petitioner argued that the ICC was biased because most members were subordinates of the Managing Director, against whom the complaint was made.
It was contended that:
- The committee ignored key evidence and relied on selective material.
- It wrongly concluded absence of sexual harassment due to lack of “sexual intent.”
- The proceedings violated principles of fairness and natural justice.
“The committee’s approach was contradictory and failed to apply the correct legal test under the POSH Act,” the petitioner’s counsel submitted.
The respondents opposed the petition, arguing that:
- The ICC conducted a detailed inquiry considering all evidence, including CCTV footage.
- The petitioner’s allegations were found to be false and misleading.
- An alternative statutory remedy of appeal under the POSH Act was available.
They also questioned the maintainability of the writ petition, stating that the cooperative society was not “State” under Article 12 of the Constitution.
Justice Hemant M. Prachchhak examined the ICC report and the material on record.
The Court noted that the committee had evaluated relevant evidence, including CCTV footage, and recorded detailed reasons before arriving at its conclusions.
“The authority has examined all relevant aspects… and there is no illegality committed while recording findings,” the Court observed.
On the issue of maintainability, the Court considered the nature of the respondent organization and the availability of alternative remedies under the POSH framework.
The High Court declined to interfere with the ICC’s final report, holding that no perversity or legal infirmity was established.
It also found merit in the preliminary objection regarding maintainability and the existence of alternative remedies.
Accordingly, the petition challenging the ICC report was dismissed.
Case Details
Case Title: X and Y
Case Number: R/Special Civil Application No. 3285 of 2026
Judge: Justice Hemant M. Prachchhak
Decision Date: April 16, 2026
