POSH Judgements | Metis POSH Consulting

The limits of Internal Complaints Committee (ICC) powers. Process is Justice: The Union of India vs. Naresh

Show Notes Episode Summary:In this episode of POSH Judgments on Metis Posh Radio, we dive into a significant ruling by the Delhi High Court (January 2026) regarding the limits of Internal Complaints Committee (ICC) powers. While the POSH Act is a shield for workplace dignity, this case highlights that procedural shortcuts even in serious misconduct cases can lead to legal reversals. We break down the case of Union of India & Ors. vs. Naresh, where a workshop foreman’s termination was overturned due to fundamental procedural lapses. Learn why "as far as practicable" does not mean "as little as possible" when it comes to the principles of natural justice. Key Takeaways: * The "Deemed" Inquiry: Under CCS Rules, an ICC acts as the inquiry authority, but it must still follow established disciplinary procedures. * The Balance of Fairness: Protecting complainants is paramount, but the accused must be given a fair chance to defend themselves (cross-examination and access to reports). * The Outcome: Why the High Court ordered a fresh inquiry while keeping the suspension in place to ensure a fair, non-intimidatory environment. Chapter Title 00:00 Introduction Welcome to POSH Judgments: Real cases, real decisions. 00:45 The Case Background Overview of the 2021 complaint at the Indian Institute of Handloom Technology. 01:30 The Termination & Appeal How the ICC recommendation led to termination and the subsequent legal challenge. 02:08 Procedural Lapses Naresh’s arguments regarding cross-examination and the missing inquiry report. 03:00 The High Court's View Analysis of Rule 14.2 of the CCS Rules and the principles of natural justice. 04:15 The Balancing Act Citing Aureliano Fernandez: Ensuring fairness to both the complainant and the accused. 04:45 The Final Ruling The court's decision: Fresh inquiry, no reinstatement, and a 6-month deadline. 05:30 Closing Thoughts Why a flawed process risks undoing serious findings and the importance of transparent systems. Resources: * Full Judgment & Case References: www.metisposh.com [https://www.google.com/search?q=http://www.metisposh.com] * Featured Case: Union of India and Others vs. Naresh (Delhi High Court, 2026) * Legal Precedent Cited: Aureliano Fernandez vs. State of Goa

Decency Is Not What You Think, Madras High Court on Unwelcome Behaviour | HCL Technologies Ltd. v. N. Parsarathy

POSH Judgements decode real court decisions under the POSH Act, 2013, highlighting what counts as harassment, how complaints are handled, and what fairness looks like helping everyone stay aware and contribute to a safer, more respectful workplace. In this powerful episode of POSH Judgements, we break down the 2025 Madras High Court ruling in HCL Technologies Ltd. v. N. Parsarathy, a landmark decision that redefines decency, consent, and unwelcome behaviour under the POSH Act. The Court held that a woman’s feelings matter more than an accused person’s intentions, witness statements, or even CCTV footage a crucial reminder of the survivor-centric nature of POSH inquiries. Metis POSH Consulting helps organisations build safe, respectful workplaces through clear policies, practical training, legal advisory, audits, and culture-building content in every major Indian language. From employee sessions to IC support to communication campaigns, we make POSH simple, human, and effective. For Sales and collaboration: contact@posh.metisindia.com Follow us: Instagram: instagram.com/metisposh LinkedIn: linkedin.com/company/metisposh X: @metisposh YouTube: youtube.com/@metisposh Radio: posh.metisindia.com/poshradio Phone: +91-95355 66588 Website: www.posh.metisindia.com

The Bhanwari Devi case (1992) is the foundational event that eventually led to the enactment of the POSH Act in India.

POSH Judgements decode real court decisions under the POSH Act, 2013, highlighting what counts as harassment, how complaints are handled, and what fairness looks like helping everyone stay aware and contribute to a safer, more respectful workplace. The Bhanwari Devi case (1992) is the foundational event that eventually led to the enactment of the POSH Act in India. It exposed the complete lack of legal protection for women facing sexual violence or harassment in the course of their work. Bhanwari Devi was a "Saathin" (social worker) employed by the Government of Rajasthan under the Women’s Development Project. Her role involved educating villagers and campaigning against social issues like child marriage. * The Cause: As part of her official duties, Bhanwari Devi attempted to stop the child marriage of a nine-month-old girl in the Gurjar community in Bhateri village. * The Retaliation: Her intervention enraged local powerful families. In retaliation for her work, Bhanwari Devi was brutally gang-raped in front of her husband while they were working in their fields on September 22, 1992. * The Systemic Failure: When she sought justice, the local police were dismissive, and the medical examination was delayed. In 1995, a trial court acquitted the accused, citing biased and illogical reasons (e.g., claiming that "upper-caste men would not rape a lower-caste woman" for reasons of "purity"). Metis POSH Consulting helps organisations build safe, respectful workplaces through clear policies, practical training, legal advisory, audits, and culture-building content in every major Indian language. From employee sessions to IC support to communication campaigns, we make POSH simple, human, and effective. For Sales and collaboration: contact@posh.metisindia.com Follow us: Instagram: instagram.com/metisposh LinkedIn: linkedin.com/company/metisposh X: @metisposh YouTube: youtube.com/@metisposh Radio: posh.metisindia.com/poshradio Phone: +91-95355 66588 Website: www.posh.metisindia.com

One casual remark about a woman’s body would spark a legal debate that reached the Kerala High Court | R. Ramachandran Nair versus State of Kerala and Others. Kerala High Court

POSH Judgements decode real court decisions under the POSH Act, 2013, highlighting what counts as harassment, how complaints are handled, and what fairness looks like helping everyone stay aware and contribute to a safer, more respectful workplace. It began with an incident at the Electrical Section of the Kerala State Electricity Board, where the accused, a male employee, allegedly made a remark to his woman colleague calling her body structure “fine.” Soon after, he began sending her text messages with sexual overtones unsolicited and unwelcome. The accused was charged under Section 354A(1)(iv) and 509 of the Indian Penal Code, and Section 120 of the Kerala Police Act all provisions that deal with sexual harassment and intrusion on a woman’s modesty and privacy. Metis POSH Consulting helps organisations build safe, respectful workplaces through clear policies, practical training, legal advisory, audits, and culture-building content in every major Indian language. From employee sessions to IC support to communication campaigns, we make POSH simple, human, and effective. For Sales and collaboration: contact@posh.metisindia.com Follow us: Instagram: instagram.com/metisposh LinkedIn: linkedin.com/company/metisposh X: @metisposh YouTube: youtube.com/@metisposh Radio: posh.metisindia.com/poshradio Phone: +91-95355 66588 Website: www.posh.metisindia.com

Vinod Narayan Kachave V/S The Presiding Officer, IC, and Another | The unusual case from the Bombay High Court one that asks, what exactly qualifies as sexual harassment at the workplace?

POSH Judgements decode real court decisions under the POSH Act, 2013, highlighting what counts as harassment, how complaints are handled, and what fairness looks like helping everyone stay aware and contribute to a safer, more respectful workplace. Vinod Narayan Kachave V/S The Presiding Officer, IC, and Another | The unusual case from the Bombay High Court one that asks, what exactly qualifies as sexual harassment at the workplace? Bench Justice Sandeep V. Marne. Metis POSH Consulting helps organisations build safe, respectful workplaces through clear policies, practical training, legal advisory, audits, and culture-building content in every major Indian language. From employee sessions to IC support to communication campaigns, we make POSH simple, human, and effective. For Sales and collaboration: contact@posh.metisindia.com Follow us: Instagram: instagram.com/metisposh LinkedIn: linkedin.com/company/metisposh X: @metisposh YouTube: youtube.com/@metisposh Radio: posh.metisindia.com/poshradio Phone: +91-95355 66588 Website: www.posh.metisindia.com