POSH Inquiry Report and Action: Section 13 and Rule 9

The committee's inquiry ends in a report. Section 13 fixes when the report must go to the employer or District Officer, what the committee recommends if the allegation is or is not proved, how money payable to the woman is recovered, and how quickly the recommendation must be acted on. Rule 9 lists the penalties where no service rules apply. This note covers section 13, Rule 9 and the leading case on penalty.

1. The Report and the Timeline

From inquiry to action

Figure 1: From inquiry to action

Section 13(1). On completing the inquiry, the committee provides a report of its findings to the employer or District Officer within ten days, and makes it available to the parties.
Section 13(4). The employer or District Officer shall act on the recommendation within sixty days of receiving it.

2. What the Committee Recommends

Section 13(2) and (3)

Figure 2: Section 13(2) and (3)

Not proved, s.13(2). The committee recommends that no action is required.
Proved, s.13(3)(i). Action for sexual harassment as misconduct under the respondent's service rules or, if there are none, in the manner prescribed.
Proved, s.13(3)(ii). Deduction from the respondent's salary or wages, notwithstanding his service rules, of the sum the committee considers appropriate under s.15, paid to the aggrieved woman or her legal heirs.
First proviso. If the employer cannot deduct because the respondent is absent from duty or has ceased to be employed, the committee may direct him to pay the sum directly.
Second proviso. If he fails to pay, the committee may forward the order to the District Officer for recovery as an arrear of land revenue.

3. Penalties under Rule 9

Rule 9: action where service rules do not apply

Figure 3: Rule 9: action where service rules do not apply

Where the respondent has no service rules, Rule 9 lists the action the committee may recommend: a written apology, warning, reprimand or censure; withholding of promotion; withholding of pay rise or increments; termination from service; a counselling session; or community service. The committee may recommend one or more of these.

4. Proportionality of Penalty

In Apparel Export Promotion Council v A.K. Chopra (1999), decided before the Act, a superior was removed from service for attempting to molest a junior woman employee. The High Court had interfered because he had not actually touched her. The Supreme Court restored the removal, holding that an attempt to molest is itself sexual harassment and that physical contact is not essential. It held that courts should not interfere with the penalty on misplaced sympathy where the misconduct is proved.

⚠ Exam trap

The report goes to the employer or District Officer within ten days of completing the inquiry, and is available to the parties. If the allegation is not proved, the recommendation is no action. If proved, the committee recommends action for misconduct and a deduction from salary of the s.15 sum, payable directly if the respondent has left or is absent, and recoverable as land revenue through the District Officer if he does not pay. The employer acts within sixty days. Rule 9 penalties apply only where no service rules exist.

5. Frequently Asked Questions

Within how many days must the employer act on the POSH committee's report?

Within sixty days of receiving the recommendation, under s.13(4). The committee itself must send its report within ten days of completing the inquiry, under s.13(1).

How is compensation recovered if the respondent has left the organisation?

The committee may direct him to pay the sum directly. If he fails to pay, it may forward the order to the District Officer, who recovers it as an arrear of land revenue.

6. Related Topics

Topic 11: Inquiry into a Complaint, Section 11. The inquiry that produces the report.
Topic 15: False or Malicious Complaints, Section 14. When the complaint itself is the misconduct.
Topic 16: Compensation, Section 15. How the sum is fixed.
Topic 18: Appeal, Section 18. Challenging the recommendations.