Case: Aloke Kumar Ghoshal v. IIT Guwahati & Ors. (WP(C)/5959/2022, Gauhati High Court, Feb 2026)

Factual Background

The petitioner, a Professor at IIT Guwahati, challenged the inquiry report dated 27.06.2022 and subsequent notice issued by the Internal Complaints Committee (ICC) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. A complaint of sexual harassment had been filed by a colleague (“X”), who also lodged an FIR alleging serious offences under the IPC. Initially, the ICC declined to proceed with the complaint on the ground that the criminal case was pending before a competent court. Later, it also treated the complaint as barred by limitation. In 2022, IIT constituted a committee which observed that the ICC had failed to conduct any fact-finding inquiry as mandated under the POSH Act and recommended reconsideration of the complaint. The petitioner contended that the ICC had already closed the matter earlier and could not reopen proceedings based on an internal committee report.

Court’s Analysis

The High Court examined the statutory framework of the POSH Act and emphasised that the Act is a beneficial social legislation intended to protect women’s fundamental rights under Articles 14, 15 and 21 of the Constitution. Relying on statutory provisions, Office Memoranda, and recent Supreme Court precedent, the Court held that ICC inquiries occur in two stages—a preliminary fact-finding inquiry and, if necessary, a formal disciplinary inquiry. The Court clarified that pendency of a criminal case does not bar an ICC from conducting an independent workplace inquiry, as the purposes of criminal prosecution and workplace discipline are distinct. It observed that the ICC in the present case had abdicated its statutory duty by refusing to investigate the complaint and by wrongly treating it as time-barred without examining the facts. The internal committee’s report was held to be merely an administrative step to assess whether the ICC had discharged its functions properly.

Order of the Court

The writ petition was dismissed. The Court directed the ICC of IIT Guwahati to initiate a proper preliminary inquiry in accordance with the POSH Act and relevant guidelines. Upon completion of the inquiry, the employer was directed to consider whether disciplinary proceedings should be initiated and proceed expeditiously in accordance with law.

Key Takeaway

The decision reinforces that ICCs cannot avoid their statutory duty to investigate sexual harassment complaints merely because criminal proceedings are pending or due to procedural delays. The POSH Act mandates an independent workplace inquiry to protect women’s rights and ensure accountability. Employers and ICCs must conduct timely and proper investigations, failing which courts may order fresh inquiry to uphold the objectives of the Act.

Written by Adv. K. Sri Hamsa