Procedure and Timelines to be observed by IC under the POSH Act

The petitioner/police officer was alleged to have sexually harassed three of his colleagues among others in 2018 following this a complaint was filed by the victims in the year 2022. The police officer argued that the allegations are barred by limitation under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”) which says that the complaint has to be made to the Internal Committee (“IC”) within 3 months and an extension of 3 more months can be granted under certain circumstances. Apart from that the police officer claimed that he was not given any chances of cross examining the victim and the witnesses which constitutes violation of principles of natural justice. Considering the arguments from both sides, the Madras High Court in W.P. No. 10707 of 2024 observed that the present case pertains to serious allegation of continuous molestation or harassment where the limitation under the POSH Act will not apply. Further, the contention of not allowing cross examination holds a valid ground for violation of principles of natural justice. Considering this the court directed IC to conduct the next enquiry giving an opportunity to the police officer to cross examine the witness and the victims.