The Bombay High Court has set aside a reprimand issued to a retired NABARD officer, holding that the Central Complaints Committee (CCC) under the POSH law crossed its legal limits after itself concluding that no sexual harassment had taken place. The court ruled that once such a finding is recorded, the committee cannot recommend disciplinary action on other grounds.
The decision came in a writ petition filed by Dr. Mohinder Kumar, a former Assistant General Manager of the National Bank for Agriculture and Rural Development (NABARD), challenging a reprimand imposed in September 2020.
Background of the Case
Dr. Kumar was working at NABARD’s Mumbai head office when disputes arose between him and some female colleagues. According to the record, he had repeatedly complained to senior officials that loud conversations and group gatherings during office hours were affecting his work.
When no action followed, he recorded short videos of the staff gatherings to support his complaints. These videos later became the basis of complaints filed against him by several women employees, who alleged that the recordings were made without consent and made them uncomfortable.
The complaints were referred to NABARD’s Central Complaints Committee under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). While the inquiry was pending, Dr. Kumar was relieved from his department and eventually faced disciplinary consequences.
What the POSH Committee Found
After examining the complainants and hearing Dr. Kumar, the CCC reached a clear conclusion: the act of recording office gatherings did not amount to sexual harassment under the POSH Act.
The committee noted that the videos did not show anyone in a compromising position and were not used for blackmail, coercion, or sexual demands.
“Mere video recording, by itself, does not fall within the definition of sexual harassment,” the committee observed in substance.
Despite this finding, the CCC went a step further and recommended that NABARD initiate disciplinary action against Dr. Kumar for creating an uncomfortable work environment. Acting on this recommendation, the competent authority imposed a minor penalty of “reprimand.”
Court’s Observations
A Division Bench of Justices Bharati Dangre and Manjusha Deshpande examined whether such a recommendation was legally permissible.
The court pointed out that the CCC exists solely to deal with complaints of sexual harassment. Once it concluded that the allegations were not proved, its role ended there. Citing Section 13(2) of the POSH Act, the bench observed that the law clearly requires the committee to recommend no action if sexual harassment is not established.
“The committee could not have travelled beyond its jurisdiction,” the court observed, adding that discipline under service rules cannot be imposed through the back door of a POSH inquiry.
The judges also faulted the competent authority for mechanically accepting the CCC’s recommendation without independent application of mind.
Final Decision
Allowing the writ petition, the Bombay High Court quashed both the CCC’s recommendation dated June 30, 2020, and the reprimand order issued on September 24, 2020.
The court held that both actions were legally unsustainable and exceeded the authority granted under the POSH Act.
Case Title: Dr. Mohinder Kumar v. The Chairman, NABARD & Anr.
Case Number: Writ Petition No. 1635 of 2021
Date of Judgment: 12 January 2026
