The Bombay HC has held that the Central Complaints Committee (CCC), constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, cannot recommend any disciplinary action once it concludes that an employee’s conduct does not amount to sexual harassment. The Court clarified that in such circumstances, the complaint must be closed without further consequences.
The ruling came while hearing a petition filed by a NABARD officer who challenged the imposition of a ‘Reprimand’ penalty based solely on the CCC’s recommendation. A division bench observed that the disciplinary authority had relied entirely on the CCC’s report, despite the committee clearly recording that no sexual harassment had taken place.
The petitioner was serving as a manager at NABARD’s Mumbai head office. He had raised concerns about repeated disturbances in the office environment, alleging that certain women employees frequently engaged in prolonged conversations that disrupted work. After his complaints failed to evoke a response, he recorded videos of the conduct to support his grievance and shared them with senior management.
Subsequently, the women employees filed a complaint alleging that the videos were recorded without their consent. The matter was referred to the CCC, which conducted an inquiry. The committee acknowledged that videos were recorded but concluded that the act did not fall within the definition of sexual harassment under the law. It also dismissed apprehensions about possible misuse of the recordings, noting that no such misuse had occurred.
Despite these findings, the CCC recommended that the bank take action under its internal service rules. Acting on this, the competent authority imposed a reprimand on the officer.
The High Court found this approach legally flawed. It held that the CCC had exceeded its jurisdiction by suggesting disciplinary action after ruling out sexual harassment. The Court further noted that the disciplinary authority failed to apply independent judgement and imposed the penalty mechanically.
Accordingly, the High Court quashed the reprimand order and allowed the petition, reinforcing that committees under the POSH Act are limited to addressing sexual harassment complaints and cannot extend their mandate beyond the statute.
