POSH Act – Enquiry Committee Proceedings Cannot Be Challenged Once Participation Is Undertaken Without Protest

Case Details:                WP(C) No.1810/2021

Court:                           Hon'ble Jammu & Kashmir and Ladakh High Court

Ratio:                           “A person who participates in the enquiry proceedings or selection without any demur and later on challenges the constitution of the enquiry committee or the selection committee, as the case may be, after finding that the result of the enquiry/selection has gone against him, is not entitled to do so.”

Judgment date:            December 23, 2022

Act/Law:                       Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”)

Factual Matrix:

• The petitioner had challenged the enquiry report as well as the order whereby the Complaints Committee (“CC”) under the POSH Act was constituted. The petitioner had inter alia contended that the constitution of the CC was not in accordance with the provisions of the POSH Act in view of the