POSH Act Section 13 — Inquiry report

Summary

Sub-section (1) requires the Internal Committee or the Local Committee, whichever handled the inquiry, to give a report of its findings to the employer or the District Officer within ten days of completing the inquiry. The report must also be made available to the concerned parties.

Sub-section (2) states that if the committee concludes that the allegation against the respondent has not been proved, it must recommend to the employer and the District Officer that no action is required in the matter.

Sub-section (3) states that if the committee concludes that the allegation against the respondent has been proved, it must recommend to the employer or the District Officer, as the case may be, to take action. Under clause (i), it may recommend action for sexual harassment as a misconduct in line with the service rules applicable to the respondent, or if no such service rules exist, in a manner that may be prescribed. Under clause (ii), it may recommend deducting a sum from the respondent's salary or wages, regardless of what the service rules say, to be paid to the aggrieved woman or her legal heirs, as determined under section 15. The first proviso to clause (ii) says that if the employer cannot make this deduction because the respondent is absent from duty or has stopped being employed, the employer may direct the respondent to pay the sum directly to the aggrieved woman. The second proviso to clause (ii) says that if the respondent fails to pay the sum, the Internal Committee or Local Committee may forward the order for recovery of the sum as an arrear of land revenue to the concerned District Officer.

Sub-section (4) requires the employer or the District Officer to act on the recommendation within sixty days of receiving it.

Official Text

(1) On the completion of an inquiry under this Act, the Internal Committee or the Local Committee, as the case may be, shall provide a report of its findings to the employer, or as the case may be, the District Officer within a period of ten days from the date of completion of the inquiry and such report be made available to the concerned parties.

(2) Where the Internal Committee or the Local Committee, as the case may be, arrives at the conclusion that the allegation against the respondent has not been proved, it shall recommend to the employer and the District Officer that no action is required to be taken in the matter.

(3) Where the Internal Committee or the Local Committee, as the case may be, arrives at the conclusion that the allegation against the respondent has been proved, it shall recommend to the employer or the District Officer, as the case may be—

(i) to take action for sexual harassment as a misconduct in accordance with the provisions of the service rules applicable to the respondent or where no such service rules have been made, in such manner as may be prescribed;

(ii) to deduct, notwithstanding anything in the service rules applicable to the respondent, from the salary or wages of the respondent such sum as it may consider appropriate to be paid to the aggrieved woman or to her legal heirs, as it may determine, in accordance with the provisions of section 15: Provide that in case the employer is unable to make such deduction from the salary of the respondent due to his being absent from duty or cessation of employment it may direct to the respondent to pay such sum to the aggrieved woman:

Provided further that in case the respondent fails to pay the sum referred to in clause (ii), the Internal Committee or as, the case may be, the Local Committee may forward the order for recovery of the sum as an arrear of land revenue to the concerned District Officer.

(4) The employer or the District Officer shall act upon the recommendation within sixty days of its receipt by him.

Sections referred to

• POSH Act §15 — Determination of compensation

Referred to by

• POSH Act §15 — Determination of compensation
• POSH Act §18 — Appeal
• POSH Act §26 — Penalty for non-compliance with provisions of Act
• POSH Act §29 — Power of appropriate Government to make rules
• POSH Act §30 — Power to remove difficulties

Related Judgments

• DR. SOHAIL MALIK vs UNION OF INDIA & ANR — Supreme Court of India (2025)
• INITIATIVES FOR INCLUSION FOUNDATION & ANR. vs UNION OF INDIA & ORS — Supreme Court of India (2023)
• Krishna Anand Chaudhari vs State of Maharashtra & Ors — Bombay High Court (Mumbai Principal Seat) (2024)