6-10-2020 RITIK KUMAR

RATH
Research on POSH Act .

Ex- employee as witness

Jyoti Prakash v. Internal Appellate Committee and Ors.1- Orissa high court

Facts

The brief fact of the case of the petitioner as per pleading made in the writ petition is that the
petitioner while working as Deputy Manager at Rourkela Township Branch, Rourkela under
the opposite party - Bank, has been subjected to the allegation of sexual harassment by the
opposite party No. 6 who lodged a complaint against him before the Chief Manager-Branch
Manager regarding misbehaviour of the petitioner towards her. The authority has referred the
matter before the Internal Complaints Committee, the committee has issued notice to the
petitioner, before whom the petitioner has appeared and filed written submission against the
allegation stating therein that the same is false, fabricated and there is no evidence to
substantiate the aforesaid allegation but the Internal Complaints Committee has submitted
report before the competent authority by supplying copy of the same upon the petitioner, who
upon its receipt, has objected to it by filing an application before the higher authority
rebutting the allegation as also finding given by the internal complaints committee but the
higher authority has also not appreciated the objection raised by him, rather confirmed the
finding given by the internal complaints committee, in consequence thereof the notice has
been issued by the disciplinary authority on 27.12.2016 giving therein the opportunity to file
reply with respect to the proposed punishment of imposition of penalty of removal from
service and thereafter this writ petition has been filed, inter alia on the ground that before the
internal complaints committee no opportunity of hearing has been given, the petitioner has
not even been allowed to cross-examine the witnesses, the order has been passed giving the
proposed punishment without initiating any regular proceeding as stipulated in the Discipline
and Appeal Rule, as such the entire action of the opposite party - Bank is unreasonable and
improper

Para 12

(3) For the purpose of making an inquiry under sub-section(1), the Internal Committee
or the Local Committee, as the case may be, shall have the same powers as are vested in
a Civil Court under the Code of Civil Procedure, 1908 when trying a suit in respect of
the following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents; and
(c) any other matter which may be prescribed.

1
Jyoti Prakash v. Internal Appellate Committee and Ors, 126(2018)CLT1077

Tree of life Associate

6-10-2020 RITIK KUMAR
RATH
Note – Ma’am there is no direct case which talks about ex – employee can be called or
not but in section 11(3) of posh act uses the word ANY so in my point of view a ex
employee can be called as a witness .

Also a website name as posh at work – this site works under the ministry of Women and
Child Development and in this it was said that ex employee can be called as a witness by
IC . ( but this is not per se admissible )

https://poshatwork.com/navigating-through-the-challenges-faced-by-internal-
committee-during-inquiry-into-sexual-harassment-complaints/

Tree of life Associate