POSH Act and Service Rules: CCS Conduct Rule 3C

For employees, the POSH Act works largely through service rules. The committee inquires under the respondent's service rules, sexual harassment is treated as misconduct under them, and appeals lie to the forums they create. For central government servants, Rule 3C of the CCS (Conduct) Rules prohibits sexual harassment, and the CCS (CCA) Rules make the Complaints Committee the inquiring authority. This note covers that framework and the cases that shaped it.

1. Rule 3C of the CCS (Conduct) Rules, 1964

Figure 1: Rule 3C

• Rule 3C(1). No Government servant shall indulge in any act of sexual harassment of any woman at any workplace.
• Rule 3C(2). Every Government servant in charge of a workplace shall take appropriate steps to prevent sexual harassment of any woman at that workplace.
• Explanation, sexual harassment. Unwelcome physical contact and advances, a demand or request for sexual favours, sexually coloured remarks, showing pornography, or any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.
• Explanation, circumstances. Implied or explicit promise of preferential treatment, threat of detrimental treatment, threat about present or future employment, interference with work or a hostile environment, and humiliating treatment likely to affect health or safety.
• 2014 alignment. The Explanation was substituted by a notification of 19 November 2014 to align the definitions of sexual harassment, the circumstances and workplace with the POSH Act.

2. The Committee as Inquiring Authority

Figure 2: Disciplinary route for central government servants

• Proviso to Rule 14(2), CCS (CCA) Rules. Where there is a complaint of sexual harassment within the meaning of Rule 3C, the Complaints Committee established in each Ministry, Department or office is deemed to be the inquiring authority appointed by the disciplinary authority.
• Procedure. The committee holds the inquiry, as far as practicable, in accordance with the procedure in the CCS (CCA) Rules.
• Medha Kotwal Lele v Union of India (2012). The Supreme Court directed that the complaints committee be deemed the inquiring authority and its report treated as the inquiry report under the service rules, on which the disciplinary authority acts in accordance with the rules.

3. Where the Act Works through Service Rules

Figure 3: Provisions of the Act that depend on service rules

Six provisions of the Act operate through service rules: the inquiry (s.11(1)), the misconduct recommendation (s.13(3)(i)), action against a false complainant or witness (s.14), the confidentiality penalty (s.17), the appeal (s.18), and the employer's duty to treat sexual harassment as misconduct (s.19(i)). Where no service rules exist, the POSH Rules fill the gap: Rule 7 for inquiry, Rule 9 for penalties and Rule 11 for appeal.

4. Termination without a Regular Inquiry

In Vijayakumaran C.P.V. v Central University of Kerala (2020), a probationer associate professor was terminated after the internal committee found merit in complaints by students. The Supreme Court held that because the order rested on a finding of misconduct, it was stigmatic and punitive, and could be passed only after a regular inquiry under the service rules. The committee's findings could not be used to bypass the disciplinary process (Topic 12).

5. Frequently Asked Questions

Which conduct rule prohibits sexual harassment by central government servants?

Rule 3C of the Central Civil Services (Conduct) Rules, 1964. It bars any act of sexual harassment of any woman at any workplace and requires the officer in charge of a workplace to take steps to prevent it.

Who conducts the disciplinary inquiry into a sexual harassment complaint against a central government servant?

The Complaints Committee of the Ministry, Department or office, which the proviso to Rule 14(2) of the CCS (CCA) Rules deems to be the inquiring authority. The disciplinary authority then acts on its report under the rules.

6. Related Topics

• Topic 11: Inquiry into a Complaint, Section 11. Inquiry under service rules.
• Topic 12: Natural Justice in POSH Inquiries. Vijayakumaran and fairness.
• Topic 14: Inquiry Report and Action, Section 13. Misconduct and penalties.
• Topic 23: POSH and Criminal Law. The parallel criminal remedy.