[POSH Act] 'Formation Of ICC Cannot Be Challenged After Receiving Unfavourable Result In Its Inquiry': Bombay High Court
The Bombay High Court has held that once an employee has voluntarily participated in the proceedings before an Internal Complaints Committee (ICC) constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, they cannot later challenge the validity of its constitution merely because the outcome of the inquiry is unfavourable.
A Division Bench of Justice Ravindra V. Ghuge and Justice Ashwin D. Bhobe was hearing a writ petition that sought to quash the findings of the ICC, which had found him guilty of sexual harassment. The petitioner contended that the ICC was not properly constituted as required under Section 4 and Section 11 of the POSH Act, 2013.
On the contention of the petitioner that Respondent No.1, being the neighbour of the father of the aggrieved woman, could have been influenced by the latter, the Court held that the petitioner, if aggrieved by the Inquiry Report of Respondent No. 1, could have availed remedies against the same under Section 18 of the said Act, but he failed to do so.
The Court held that the petitioner had failed to make out any case of legal defect in the constitution of the ICC-Respondent No. 2, and the materials indicate that the relevant laws were complied with.
“… the Petitioner has failed to make out any case of any legal defect, much less any defect in the constitution of Respondent No. 2(ICC)… Material placed on record indicates Respondent No. 2 complied with the principles of natural justice as also with the other requirements of the service rules, i.e. NPCIL (Disciple & Appeal) Rules, 1996, while conducting the Inquiry,” the Court observed.
The Court noted that the petitioner had participated in the entire inquiry without raising any objections regarding the composition of the ICC or its members. It held that objections to the constitution of the committee could not be entertained after the conclusion of the proceedings and an unfavourable outcome. It observed:
“Participation of the Petitioner in the said inquiry without demur gives an impression of the Petitioner having waived his right to object to the constitution of Respondent No. 2 and having acquiesced in the constitution of Respondent No. 2. Having received an unfavourable result in the said Inquiry, the Petitioner is estopped from questioning the constitution of Respondent No. 2.”
Accordingly, the Court dismissed the writ petition, holding that the formation of the ICC cannot be questioned after receiving an unfavourable result in its inquiry.
Case Title: Dr. Shyam Bihari v. Nuclear Power Corporation of India Ltd. & Ors. [Writ Petition No. 11696 OF 2025]