COURT: Delhi High Court
JUDGE: Chief Justice Anu Malhotra
DATE OF JUDGEMENT: 18th August, 2017
By this writ petition under Article 226 of the Constitution of India, the petitioner had challenged three reports, which had been submitted by the Internal Complaints Committee (ICC hereafter) of the respondent, ie. Dyal Singh Evening College. The ICC was constituted under The Sexual Harassment of Women at Workplace Act, 2013. The appellant had challenged the reports inter alia on the ground that the reports only give a prima facie conclusion of the complaint having substance without formally recording any definite conclusion or holding that the charge against the appellant stood proved. The Petitioner further contented that the appellant was wrongfully denied opportunity to cross- examine the witnesses.
The Delhi High Court in this case laid down detail guidelines for the cross examination of the witnesses and directed separate report for each complaint.The Court further directed that in case of any vacancy in Constitution of the ICC; the same was directed to be filled within one week from the date when it has arisen. It further directed that ICC shall complete the inquiry proceeding within a total period of three months.