Introduction:In Union of India and Ors v. Mudrika Singh (Civil Appeal No. 6859 of 2021), Supreme Court’s scrutiny revealed a concerning trend in ...
Bombay High Court: No Blanket Application of Maintaining Party Confidentiality in POSH Cases
The Bombay High Court, on 24th September 2021, in the case of the P vs A & Ors, 2021 coherently laid down a set a guidelines condemning the discl ...
Supreme Court says ‘Courts Should Avoid Hyper-Technical Interpretation of Service Rules’
On 3rd December, 2021, in the case of Union of India vs. M, (“case”), it was held by the Supreme Court of India that courts should avoid hyper-techni ...
Supreme Court said that Madhya Pradesh Judge had not resigned voluntarily
On 9th December 2021, in the case of Ms X vs Registrar General, High Court of Madhya Pradesh and another, it was held by the Supreme Court that ...
Provisions of special law (POSH Act) would prevail over general law (Service Rules) if special law has differing provisions: Gauhati High Court
The Gauhati High Court, on 9th September 2021, in the case of AP Vs. The Gauhati High Court and Ors. held that in sexual harassment proceedings, prov ...
Six months jail for sexually harassing woman by using abusive language and showing middle finger
On 3rd December 2021, in the case of Gaondevi Police Station vs. Aniket Vijay Patil, (“Case”), it was held by the Court of the Girgaon Metropolitan M ...
Supreme Court: Employee has no absolute right to be represented in departmental proceedings through agent of his choice
The Supreme Court on 4th January 2022 in the matter of The Rajasthan Marudhara Gramin Bank (RMGB) & Anr. Vs Ramesh Chandra Me ...
Central Administrative Tribunal- Transfer Made on the Basis of IC Recommendations Can Only be Challenged if Found to be Perverse or Malafide
On 24th December, 2021, in the case of Shantanu Mandal v. Union of India, the Central Administrative Tribunal (“CAT”) held that the transfer order ma ...
Madras High Court held that authorities are not entitled to reveal specific information to alleged harasser if it is a security risk
In the case of TV vs. Joint Director of School Education, the Madras High Court on 15th December 2021 held that authorities are not entitled to revea ...
Delhi High Court on Selection of Alleged Harasser as the Head of Department
On 9th December 2021, in the case of RKS v University of Delhi and Ors., it was held by the High Court of New Delhi that there is no prejudice c ...
Tripura High Court: Express Acts of Sexual Harassment not mandatory under POSH Act
In VKR vs. The Union of India and Others, 2022, the Tripura High Court (“Court”) observed that the express mentioning of instances of sexual harassme ...
Allahabad High Court on sharing of sexually explicit images / videos consensually taken
In the matter of Guruvinder Singh vs. State of UP and Ors.,while rejecting the bail application, the Allahabad High Court (“Court”) on ...
Madras High Court observed that Misunderstandings, Personal Feuds, etc. at Workplace do not constitute Sexual Harassment
On 25th August 2021, in the case of Mary Rajasekaran vs. University of Madras and Ors., while hearing clubbed petitions, Madras High Court held that ...
Delhi High Court Observes that principles of ‘Security of Tenure’ would also apply to IC Members
In the matter of Neeraj Bala vs. Union of India & Ors., the Delhi High Court on 19th July, 2021 observed that - the principles which apply to sec ...
Internal Committee required to take permission of the Disciplinary Authority before inquiring into a complaint of sexual harassment: Himachal Pradesh High Court
On 10th September 2021, in the case of PKT Vs. State of Himachal Pradesh and Ors., Himachal Pradesh High Court held that in a proceeding on allegatio ...
The Consent Given In Consequence Of Any Misconception Or Fear Cannot Be Said To Be A Free Consent: Madhya Pradesh High Court
The Madhya Pradesh High Court in the matter of Rajkishore Shrivastava vs. State of MP & Anr. on 2nd August 2021 observed that by giving the prose ...
Dismissal of Employee based on IC’s Inquiry Report, without conducting Inquiry as per Service Rules, is improper: Karnataka High Court
On 20th July, 2021, in the case of Arabi U. Vs. The Registrar, Mangalore University, Mangalagangotri and Ors., the Karnataka High Court held that the ...
Using Rakhi Tying As A Condition For Bail, Transforms A Molester Into A Brother, By A Judicial Mandate. This is wholly unacceptable: Apex Court
In the matter of Aparna Bhat & Ors. v. State of Madhya Pradesh & Ors., the Supreme Court on 18th March 2021 condoned the use of reasoning/lan ...
Andhra Pradesh High Court on objectionable material surfacing as part of duty, complaint by husband, constitution of IC and suspension
In the case of Nagaram Balakrishna vs. State of A.P. and Ors., the Andhra Pradesh High Court on 23rd March, 2021 set aside the inquiry conducted by t ...
An Order Without Reasons Is Fundamentally Contrary To The Norms Which Guide The Judicial Process: Supreme Court
In the matter of Sonu v. Sonu Yadav & Anr., the Supreme Court on 5th April 2021 set aside the Allahabad High Court decision to grant bail to a ma ...
Punjab & Haryana High Court states that Internal Committees or Local Committees cannot inquire into complaints barred by limitation
In the case of Vivek Tyagi vs. State of Haryana and Ors., Punjab & Haryana High Court on March 22, 2021 held that an Internal Committee or Local ...