POSH - manager has registered a complaint

Dear Client,

Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act) any employee male or female can be a respondent if a complaint is made against them. The Internal Complaints Committee (ICC) sends a show cause notice to the respondent, asking for an explanation or response to the complaint.

Even if you resign after the notice the ICC can still proceed with the inquiry and complete it, as per law and organizational policy. Resignation does not stop the inquiry process. Your resignation may be recorded, but it will not absolve you of the complaint or potential findings against you.

You can submit your written response to the show cause notice with supporting documents or witness details. You may take the help of a legal counsel to prepare your defense .

Dear Client,
Post filing of complaint and issue of show cause to the accused under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, if you tender your resignation even if it is on medical ground, you will not be exonerated from the charge and your resignation may go against you either on the appeal of the complainant or on the own motion of the ICCs (Internal Complaints Committee) which may trigarred an enquiry in the complaint/allegation to find out the veracity of the complaint and to protect the image of the establishments. and the ICCs (Internal Complaints Committee) may initiate the departmental inquiry into the allegation and recommend to the employer that action be taken against the woman employee against whom a complaint is made and proved in the departmental inquiry, following the provisions of the service rules of the establishments. If so happens, you can bring the matter to the notice of the District Magistrate or ADM, who is designated as the District Officer of the Local Complaints Committee(LCC) under Section 5 of the POSH Act for redressal of your grievance/complaint, failing which you have to pursue relief either under the Industrial Disputes Act or Administrative Tribunal Act, as the case may be hiring an Advocate to represent your case suitably before the Tribunals.