Top Fisheries Department Official Moves Punjab & Haryana High Court Against POSH Inquiry and Promotion Withdrawal

Introduction

A senior Haryana fisheries department official has approached the Punjab and Haryana High Court challenging proceedings initiated against him under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). The petition also challenges the withdrawal of his promotion, alleging violations of statutory procedure, constitutional safeguards, and principles of natural justice.

The case raises critical questions on jurisdiction under the POSH framework, procedural fairness in sexual harassment inquiries, and constitutional protections available to civil servants.

Factual Background

The petitioner, Shripal, was promoted and appointed as Director of Fisheries, Haryana, in 2024. As Joint Director, he functioned as the appointing and disciplinary authority for Group ‘C’ employees, thereby falling within the statutory definition of an “employer” under Section 2(g) of the POSH Act, 2013.

In January 2026, he was informed that two complaints under the POSH Act had been received against him. He was directed to appear before the Internal Complaints Committee (ICC).

However, according to the petition:

  • Copies of the complaints were not supplied.

  • The identities of the complainants were withheld.

  • The dates, contents, and details of allegations were not disclosed.

The petitioner alleges that this violated Rule 7(2) of the POSH Rules, 2013, which mandates procedural safeguards during inquiry proceedings.

Despite participating in the proceedings, he claims he was denied access to the material allegations, rendering the inquiry illusory and procedurally vitiated.

Challenge to Jurisdiction of the Internal Complaints Committee (ICC)

The petitioner raised a preliminary objection to the jurisdiction and composition of the ICC, arguing that:

  • Since the complaints were against the employer himself, the inquiry should have been conducted by the Local Committee under Section 6(1) of the POSH Act, not the ICC.

  • The ICC rejected this objection through a non-speaking order.

He further contended that all ICC members, except the external advocate, were subordinate officers, leading to structural bias and violating the principle of nemo judex in causa sua (no one should be a judge in their own cause).

Withdrawal of Promotion Without Departmental Inquiry

In the first week of February 2026, the petitioner learned that an order had been passed in late January withdrawing his promotion.

He alleges that:

  • The withdrawal was done without issuance of a charge-sheet.

  • No departmental inquiry was conducted.

  • No opportunity of hearing was granted.

He claims this action violates Article 311 of the Constitution of India, which protects civil servants from dismissal, removal, or reduction in rank without due process.

Reliefs Sought Before the High Court

The petitioner has sought:

  1. Writ of Prohibition restraining continuation of ICC proceedings.

  2. Writ of Certiorari quashing the ICC proceedings and promotion withdrawal order.

  3. Writ of Mandamus directing that any inquiry be conducted only by the Local Committee in accordance with law.

Relevant Statutory Framework

1. Sexual Harassment of Women at Workplace (POSH) Act, 2013

Section 2(g) – Definition of Employer

Defines “employer” as the head of the department or organization, making senior officials personally accountable for workplace compliance.

Section 6 – Local Committee

Provides that when the complaint is against the employer, the inquiry shall be conducted by the Local Committee constituted by the District Officer.

Section 11 – Inquiry into Complaint

Mandates inquiry in accordance with service rules and principles of natural justice.

2. POSH Rules, 2013

Rule 7(2)

Requires the committee to provide copies of the complaint and supporting documents to the respondent to ensure a fair hearing.

Constitutional Provisions Involved

Article 14 – Right to Equality

Ensures non-arbitrary state action. Procedural bias and denial of fair hearing may attract Article 14 violations.

Article 21 – Right to Life and Personal Liberty

Includes the right to reputation and procedural fairness in disciplinary proceedings.

Article 311 – Safeguards to Civil Servants

Provides that no civil servant shall be dismissed, removed, or reduced in rank without:

  • A formal charge-sheet

  • An inquiry

  • Opportunity of hearing

Withdrawal of promotion without due process may be interpreted as reduction in rank.

Key Judicial Precedents

1. Vishaka v State of Rajasthan (1997) 6 SCC 241

Laid down the foundational framework for workplace sexual harassment law and mandated institutional mechanisms.

2. Apparel Export Promotion Council v A.K. Chopra (1999) 1 SCC 759

Held that sexual harassment inquiries must follow procedural fairness and natural justice.

3. Medha Kotwal Lele v Union of India (2013) 1 SCC 297

Reinforced strict compliance with POSH mechanisms and accountability of employers.

4. State of U.P. v Raj Kishore Yadav (2006) 5 SCC 673

Held that adverse service actions without inquiry violate Article 311.

5. Maneka Gandhi v Union of India (1978) 1 SCC 248

Established that procedure must be just, fair, and reasonable, forming the basis of natural justice jurisprudence.

6. A.K. Kraipak v Union of India (1969) 2 SCC 262

Laid down the doctrine of nemo judex in causa sua and administrative bias principles.

High Court Proceedings and Current Status

A Bench of Justice Sandeep Moudgil issued notice to the respondents and granted them time to file written statements. The respondents were directed to file their replies at least three days prior to the next hearing, scheduled in the first week of March.

The Court did not grant interim relief, but allowed the petitioner to separately challenge the withdrawal of promotion through an independent writ petition.

Legal and Constitutional Implications

1. Jurisdictional Conflict under POSH

The case highlights ambiguity when the employer is the accused, testing the scope of Section 6 and the authority of ICCs.

2. Due Process in Sexual Harassment Inquiries

Even in sensitive allegations, procedural fairness and disclosure of charges are mandatory.

3. Service Law and Disciplinary Safeguards

The withdrawal of promotion without inquiry could set precedent on whether promotion withdrawal constitutes punitive reduction in rank.

Conclusion

This case sits at the intersection of gender justice, administrative law, and constitutional safeguards. While the POSH Act mandates strict action against workplace harassment, the proceedings must comply with statutory procedure and constitutional due process. The High Court’s decision will likely clarify:

  • Whether ICCs can inquire into complaints against employers.

  • The extent of procedural disclosure required under POSH.

  • The legality of withdrawing promotions without departmental inquiry.

The ruling could have significant implications for bureaucratic accountability, workplace compliance frameworks, and service jurisprudence in India.

Location: Pune, Maharashtra, India

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