POSH Act Section 18 — Appeal

Summary

Sub-section (1) allows any person who is unhappy with the recommendations made under certain earlier provisions of this Act — specifically those under sub-section (2) of section 13, under clause (i) or clause (ii) of sub-section (3) of section 13, under sub-section (1) or sub-section (2) of section 14, or under section 17 — or who is unhappy with the non-implementation of such recommendations, to file an appeal. This appeal must be made to the court or tribunal in line with the service rules that apply to that person. If no such service rules exist, then, without affecting any other law that is currently in force, the person may file the appeal in the manner that is prescribed.

Sub-section (2) states that the appeal mentioned in sub-section (1) must be filed within a period of ninety days from the date of the recommendations.

Official Text

(1) Any person aggrieved from the recommendations made under sub-section (2) of section 13 or under clause (i) or clause (ii) of sub-section (3) of section 13 or sub-section (1) or sub-section (2) of section 14 or section 17 or non-implementation of such recommendations may prefer an appeal to the court or tribunal in accordance with the provisions of the service rules applicable to the said person or where no such service rules exist then, without prejudice to provisions contained in any other law for the time being in force, the person aggrieved may prefer an appeal in such manner as may be prescribed.

(2) The appeal under sub-section (1) shall be preferred within a period of ninety days of the recommendations.

Sections referred to

• POSH Act §13 — Inquiry report
• POSH Act §14 — Punishment for false or malicious complaint and false evidence
• POSH Act §17 — Penalty for publication or making known contents of complaint and inquiry proceedings

Referred to by

• POSH Act §29 — Power of appropriate Government to make rules
• POSH Act §30 — Power to remove difficulties

Related Judgments

• Axis Bank Limited vs Rahul Gupta & Ors., …, Mr.Zubin Behramkamdin, Senior Advocate, a/w Mr — Bombay High Court (Mumbai Principal Seat) (2025)
• DR. SOHAIL MALIK vs UNION OF INDIA & ANR — Supreme Court of India (2025)
• Krishna Anand Chaudhari vs State of Maharashtra & Ors — Bombay High Court (Mumbai Principal Seat) (2024)
• MAHESH LALL SEAL AND ORS. vs UNION OF INDIA AND ORS — Supreme Court of India (2006)