Complaint Process/ Appeal Process

Inquiry procedure by the organization’s inquiry committee

  • Charge sheet/statement of allegation shall be conveyed to the accused within three days.And he will give a formal receipt. Section 4 of Protection Against Harassment of Women at the Workplace Act, 201

  • The accused shall submit his defense reply within 7 days Section 4 (b) of Protection Against Harassment of Women at the Workplace Act, 2010

  • If the complainant is unable to do so without any reasonable cause, the committee can decide the case in his absence Section 4 (b) of the Protection Against Harassment of Women at the Workplace Act, 2010

  • The committee shall Conduct inquiry and also examine written or oral evidence in support of charges/defense as the case may be.Section 4 (c) of the Protection Against Harassment of Women at the Workplace Act, 2010. Rule 7 of the Protection against Harassment of Women at the Workplace Rules 2013.

  • Each party (complainant or accused) can cross examine the witnesses against him/her. Section 4 (c) of the Protection against Harassment of Women at the Workplace Act, 2010

  • The inquiry committee can regulate its own procedure about its sitting and also place of sitting Section 4 (2) Protection against Harassment of Women at the Workplace Act, 2010

  • All statements and evidence acquired in the inquiry process shall be confidential Section 4 (3) (a) Protection against Harassment of Women at the Workplace Act, 2010

  • If it is considered necessary, advice and assistance may be provided to each party through a nominated officer Section 4 (3) (b) Protection against Harassment of Women at the Workplace Act, 2010

  • Any party (complainant or accused) can present himself/herself through Collective Beginning Agent / representative / friend or colleague. Section 4(3) (c) Protection against Harassment of Women at the Workplace Act, 2010

  • No adverse action shall be taken against the complainant, or the witnesses Section 4 (3) (d) Protection against Harassment of Women at the Workplace Act, 2010.

  • The accused or the employer shall not create any hostile environment, pressurize the complainant and inquiry committee shall ensure it Section (4) (3) (e) Protection Against Harassment of Women at the Workplace Act, 2010.

  • After completing the inquiry, the committee shall submit its findings and recommendation to the competent authority.
  • The committee shall submit its finding/recommendation within 30 days of start of the inquiry. Section4 (4) of the Protection Against Harassment of Women at the Workplace  Act, 2010
  • If accused is found guilty, penalty (ies) can be imposed upon accused Section 4(4)(c) of Protection Against Harassment of Women at the Workplace Act, 2010 upon  and Rule 9 of Protection Against Harassment of Women at the Workplace Act, 2010  Rules Protection Against Harassment of Women at the Workplace 2013.
  • Recommendation of inquiry committee. Section 4 (5) of the Protection Against Harassment of Women at the Workplace Act, 2010.Powers of the inquiry committee are explained in section 5 (a to d), 5 (2) 5 (3) and 5 (4) of Protection Against Harassment of Women at the Workplace Act, 2010
  • At any stage of the proceedings (but before final decision) complainant can withdraw her/his complaint

Inquiry process by Ombudsperson

  • Any employee shall have the option to submit a complaint to the Ombudsperson who shall issue a Show Cause Notice to the accused within 3 days: section 8 of Protection Against Harassment of   Women at the Workplace Act, 2010. Rule 10 of Protection Against Harassment of Women at the Workplace Rules 2013.
  • Accused shall submit written defense to the Ombudsperson with 5 days of receipt and if he is not able to do so without any reasonable cause, the case may go ahead in his absence. Section 8 (2) of the Protection Against Harassment of  Women at the Workplace Act, 2010. An enquiry shall be conducted after written defense  is received Section 8 (3) Protection Against Harassment of Women at the Workplace Act, 2010. The Ombudsperson shall summon the parties for personal hearing. Rule 10 (2) Protection against Harassment of Women at the Workplace Rules 2013.
  • The parties shall appear before the Ombudsperson with supporting information, documents and evidence. Rule 10 (3) of the Protection against Harassment of Women at the Workplace Rules 2013.
  •  If any information or document is required by Ombudsperson for inquiry it can be called from any office or member of the organization concerned. Section 8 (4) of the Protection against Harassment of Women at the Workplace Act, 2010
  • Witnesses can also be called. Rule 10 (4) Protection against Harassment of protection Women at the Workplace Rules 2013.
  • The Ombudsperson on the basis of all record, evidence or other material shall decide the case and inform both parties and management of the concerned organization Section 8 (5) of the Protection against Harassment of Women at the Workplace Act, 2010. Rule 10 (7) Protection against Harassment of Women at the Workplace Rules 2013.
  •   Powers of Ombudsperson are explained in Section (10) of the Protection Against harassment of  Women at the Workplace Act, 2010

Appeal before Ombudsperson

  • Any party (accused /Complainant), after final decision is conveyed to him/ her from Inquiry committee, can file appeal before Ombudsperson, within 30 days of communication of decision
  • The Ombudsperson shall decide the appeal within 30 days of its filing/ receipt. The Ombudsperson can 
    • Confirm
    • Set aside
    • Vary
    • Modify 

             the decision and inform both parties and employer as well. Section 6 of Protection against Harassment of Women at Workplace Act 2010

  • Powers of Ombudsperson are explained in Section (10) of the Protection Against Harassment of Women at the Workplace Act, 2010

Appeal before Governor

  • If Inquiry is finalized by Ombudsperson, any party (complainant / accused) may make a representation to the Governor within 30 days of communication of decision of Ombudsperson, and decision of Governor shall be final. Section 9 of Protection against Harassment of Women at Workplace Act 2010