[POSH] Senior IPS officer challenges the manner in which her complaint against Sexual Harassment was handled before Delhi High Court

The Delhi High Court on June 21, 2021 has issued notice in a plea filed by a senior IPS officer challenging constitution of the Internal Complaints Committee (IC), set up to enquire into a sexual harassment complaint.

The notice to Bureau of Police Research & Development and Centre was issued by Vacation Bench of Justice Anup Jairam Bhambhani.

The bench was hearing a complaint filed by a Senior Officer of the Indian Police Service (AGMUT Cadre), who is presently on deputation with the Bureau of Police Research & Development under the Ministry of Home Affairs, alleging sexual harassment against the Director General of the Bureau of Police Research & Development.

The complainant has challenged the order dated 21.05.2021 issued by the concerned officer of the Bureau constituting the Internal Complaints Committee on the ground that all the members of the ICC, whose details appeared in Annexure ‘V’ to the petition, were subordinate in rank to the Director General against whom the sexual harassment complaint has been made.

“This is in the teeth of a verdict of a coordinate Bench of this court in Rashi vs. Union of India, reported as (2020) SCC OnLine Del 155, which mandates that an internal complaints committee must not comprise members who are subordinate in rank to the person who is subject matter of the complaint before such committee. This, it is submitted, vitiates the very constitution of the ICC and all proceedings being conducted before it; and is against the principles of justice and fair play”, the plea filed through Senior Advocate Rebecca M John stated.

Appearing for Bureau of Police Research & Development and Union of India, Advocate Monica Arora had suggested making an attempt to resolve the issues arisen since both the complainant and the respondent against whom ICC proceedings were pending, were very senior officers of a uniformed force to which Senior Advocate John Rebecca did not object.

The Court had thereafter directed for the counsels to attempt in resolution of the matter if possible and report on the next date of hearing which was of June 25, 2021.

On June 25, 2021 the counsel appearing for the parties informed the court that the complainant and the officer under inquiry resolved the matter inter-se; and thereafter a conciliation note was drawn-up and filed along with an application seeking disposal of the petition.

The Court of Justice Anup Jairam Bhambhani while noting that the conciliation note and application were not on record directed the same to be brought on record and thereafter listed the matter for July 5, 2021.

It is important to mention that Section 10 of The Sexual Harassment of Women At Workplace (Prevention, Prohibition and Redressal) Act, 2013 states that the ICC or the Local Committee may before initiating an inquiry, “at the request of the aggrieved woman” take steps to settle the matter between her and the person against whom the allegations have been made, through conciliation.

Case Title: Aslam Khan Versus Union Of India & Anr | W.P.(C) 5987/2021