A.
Dear client,
Under the POSH (Prevention of Sexual Harassment) Act, 2013, once a complaint is filed, the Internal Complaints Committee (ICC) is obligated to conduct an inquiry. However, since you have formally withdrawn your complaint in writing, the ICC has the discretion to either:
Close the case based on your withdrawal, especially if there is no external pressure or compelling reason to continue.
Proceed with the inquiry if they believe the case involves serious misconduct or if the evidence suggests a violation of workplace policies, even without your participation.
The ICC may use your past statements and evidence if they determine that the case should proceed in the larger interest of justice or workplace safety. However, since you explicitly mentioned that your evidence and statements should not be used, the ICC should respect your request unless there is strong justification to continue.
If you are concerned, you may formally request ICC confirmation in writing about the closure of the case. If they proceed against your wishes, you can seek legal advice to ensure your rights are protected.
Posted On 12-Mar-2025
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