Complaint on ICC
7 months ago
I am working in a central government organisation. I am the presiding officer for ICC in my office. We received a complaint and enquiry proceedings were going on. While cross examination of a witness she gave a statement that she is satisfied with the ICC committee members. And given a written complaint about the committee.what can we do now
A.Dear Client,
Sec.27 of the POSH Act, 2013 deals with the cognizance of offense by the Court and the contents of the said section are laid down herein. (1) No court shall take cognizance of any offense punishable under this Act or any rules made there under, save on a complaint made by the aggrieved woman or any person authorized by the Internal Committee or Local Committee on this behalf. (2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offense punishable under this Act. (3) Every offense under this Act shall be non-cognizable. So, when the victim/complainant herself raised a complaint against the veracity of inquiry proceedings or the conduct of ICC members, then following the provision Sec.27(1) of the Act, you being the presiding officer of ICC may ask the complainant or aggrieved woman employee to move the Competent Court of law for justice or, you can authorize a person to represent the matter on her behalf before the Court of the Metropolitan Magistrate or a First Class Judicial Magistrate for trial of the complaint made under the POSH Act, 2013
Sec.27 of the POSH Act, 2013 deals with the cognizance of offense by the Court and the contents of the said section are laid down herein. (1) No court shall take cognizance of any offense punishable under this Act or any rules made there under, save on a complaint made by the aggrieved woman or any person authorized by the Internal Committee or Local Committee on this behalf. (2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offense punishable under this Act. (3) Every offense under this Act shall be non-cognizable. So, when the victim/complainant herself raised a complaint against the veracity of inquiry proceedings or the conduct of ICC members, then following the provision Sec.27(1) of the Act, you being the presiding officer of ICC may ask the complainant or aggrieved woman employee to move the Competent Court of law for justice or, you can authorize a person to represent the matter on her behalf before the Court of the Metropolitan Magistrate or a First Class Judicial Magistrate for trial of the complaint made under the POSH Act, 2013
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A.Dear Client,
In situations where a complainant expresses satisfaction with the Internal Complaints Committee (ICC) members or withdraws a complaint, it's essential to handle the matter carefully and ensure compliance with relevant laws and guidelines related to workplace harassment and the functioning of ICCs. Here are some steps to consider:
Document the Statement: Ensure that the statement of the complainant expressing satisfaction with the ICC members is accurately documented. This documentation should be maintained as part of the case file.
Review the Complaint: Review the original complaint and assess whether the complainant's satisfaction or withdrawal of the complaint is genuine or influenced by external factors.
Ensure No Coercion: Ensure that the complainant's statement expressing satisfaction was not made under any form of coercion or duress. If there are any doubts about this, further investigations may be necessary.
Respect Complainant's Decision: If the complainant genuinely wishes to withdraw the complaint or is satisfied with the actions taken by the ICC, respect their decision. It's crucial to create a supportive and non-punitive environment for complainants.
Closure of the Case: If the complainant is genuinely satisfied and does not wish to pursue the matter further, the ICC can close the case with the complainant's consent.
Maintain Records: Ensure that records of all proceedings, including the original complaint, investigations, witness statements, and the complainant's statement of satisfaction or withdrawal, are properly maintained and securely stored.
Educate on Rights: Provide information to employees about their rights and the processes involved in making complaints, as well as their right to withdraw or express satisfaction at any stage.
Prevent Retaliation: Ensure that the complainant is not subjected to any form of retaliation or adverse action because of their complaint or their subsequent statements.
Regular Reporting: Continue to provide regular updates to the complainant about the status of the case, even if it has been closed, to ensure they remain informed and supported.
It's essential to handle such situations with sensitivity, transparency, and a commitment to maintaining a workplace free from harassment.
Thank you.
In situations where a complainant expresses satisfaction with the Internal Complaints Committee (ICC) members or withdraws a complaint, it's essential to handle the matter carefully and ensure compliance with relevant laws and guidelines related to workplace harassment and the functioning of ICCs. Here are some steps to consider:
Document the Statement: Ensure that the statement of the complainant expressing satisfaction with the ICC members is accurately documented. This documentation should be maintained as part of the case file.
Review the Complaint: Review the original complaint and assess whether the complainant's satisfaction or withdrawal of the complaint is genuine or influenced by external factors.
Ensure No Coercion: Ensure that the complainant's statement expressing satisfaction was not made under any form of coercion or duress. If there are any doubts about this, further investigations may be necessary.
Respect Complainant's Decision: If the complainant genuinely wishes to withdraw the complaint or is satisfied with the actions taken by the ICC, respect their decision. It's crucial to create a supportive and non-punitive environment for complainants.
Closure of the Case: If the complainant is genuinely satisfied and does not wish to pursue the matter further, the ICC can close the case with the complainant's consent.
Maintain Records: Ensure that records of all proceedings, including the original complaint, investigations, witness statements, and the complainant's statement of satisfaction or withdrawal, are properly maintained and securely stored.
Educate on Rights: Provide information to employees about their rights and the processes involved in making complaints, as well as their right to withdraw or express satisfaction at any stage.
Prevent Retaliation: Ensure that the complainant is not subjected to any form of retaliation or adverse action because of their complaint or their subsequent statements.
Regular Reporting: Continue to provide regular updates to the complainant about the status of the case, even if it has been closed, to ensure they remain informed and supported.
It's essential to handle such situations with sensitivity, transparency, and a commitment to maintaining a workplace free from harassment.
Thank you.
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