Section 13 of POSH Act : Section 13: Inquiry Report

Explanation using Example

Imagine a scenario where Anita, an employee at XYZ Corporation, files a complaint of sexual harassment against her colleague, Raj. The Internal Committee (IC) at XYZ Corporation investigates the matter thoroughly. After several weeks, the IC concludes the inquiry.

Scenario 1: The IC finds that there isn't enough evidence to prove that Raj harassed Anita. Within ten days of concluding the inquiry, the IC submits a report to the employer stating the findings and recommends that no action should be taken against Raj. The employer reviews the report and decides to follow the recommendation, closing the matter without any further action.

Scenario 2: The IC finds that the allegations against Raj are valid. The IC then submits a report to the employer with the following recommendations:

• Raj should face consequences for sexual harassment as per the company's service rules, which might include suspension or termination of employment.
• The IC also recommends that a certain amount be deducted from Raj's salary to be paid to Anita as compensation. If Raj is not present or has left the company, the IC might direct him to pay Anita directly. If Raj fails to pay, the IC can take further steps to recover the amount as if it were a land revenue arrear through the District Officer.

The employer must then implement these recommendations within sixty days of receiving the report.