BHARATH POTTEKKAT, SHUBH SAHAI AND VED DEVAIAH

HIRALAL JADHAV V.
STATE OF
MAHARASHTRA
OVERVIEW

INTRODUCTION 1
FACTS 2
PARTIES’ ARGUMENTS 3
DECISION OF THE COURT 4
ANALYSIS 5
INTRODUCTION
 3 INTRODUCTION

CASE NAME: HIRALAL JADHAV V. STATE OF

MAHARASHTRA

CITATION: 2017 SCC ONLINE BOM 9422

PROCEDURAL HISTORY: PETITION FILED IN

CHALLENGE OF AN ORDER BY THE
MAHARASHTRA ADMINISTRATIVE TRIBUNAL
FACTS
FACTS

PETITIONER IS A SUBORDINATE
SUPERINTENDENT LADY CONSTABLE
OF PRISONS, APPROACHED THE
THANE DIG PRISONS, PUNE

IG PRISONS,
COMPLAINT WAS
MUMBAI
RECORDED BY DIG
TRANSFERRED
PRISONS, PUNE
WOMAN TO
(SMT. SWATI SATHE)
BYCULLA JAIL
FACTS

PETITIONER WAS
A COMMITTEE WAS
SUSPENDED ON THE
CONSTITUTED TO
BASIS OF THE
ENQUIRE, VIA A GR
COMPLAINT

A CORRINGENDUM TO
THE GR CLARIFIED THAT
SMT. ASHWATI SHERING
THE COMMITTEE WOULD
DORJE TO HEAD THIS
INVESTIGATE THE
COMMITTEE
ALLEGATIONS OF
SEXUAL HARASSMENT
PETITIONER’S
ARGUMENTS
SUBMISSIONS MADE BY MR.
A.V. ANTURKAR
 PETITIONER’S ARGUMENTS

COMMITTEE CONSTITUTED FOR ENQUIRY NOT IN

ACCORDANCE WITH THE PROVISIONS OF THE POSH
ACT

• ICC AND LOCAL COMMITTEE ALREADY EXISTED, AND EITHER ONE OF

THESE BODIES SHOULD HAVE HEARD THE DISPUTE
• NO STATUTORY POWER FOR THE BODY CONSTITUTED IN THIS CASE

AGGRIEVED WOMAN HAS NOT FILED A SUIT IN THE

PROPER MANNER PRESCRIBED

• SECTION 9 OF THE ACT PRESCRIBES THE PROPER METHOD

• COMPLAINT NOT FILED BEFORE THE ICC OR LOCAL COMMITTEE
 PETITIONER’S ARGUMENTS

PROCEDURAL REQUIREMENTS OF THE POSH

ACT HAVE NOT BEEN FOLLOWED

• PROCEDURE TO FILE COMPLAINT NOT FOLLOWED

• PROCEDURE IN SUB-RULE 1 OF RULE 7 OF THE POSH RULES
HAS NOT BEEN FOLLOWED

POSH ACT WOULD SUPERSEDE THE SERVICE

RULES

• POSH ACT IS A CENTRAL ACT, AND THE SERVICE RULES

ARE PASSED BY THE STATE GOVERNMENT
• PROVISIONS OF THE POSH ACT SHOULD APPLY AS IT IS THE
MORE SPECIFIC LEGISLATION
RESPONDENTS’
ARGUMENTS
SUBMISSIONS MADE BY MR.
S.B. TALEKAR AND MR. O.M.
KULKARNI
 RESPONDENTS’ ARGUMENTS

COMMITTEE IS PROPERLY CONSTITUTED

• THIS CASE CANNOT BE HEARD BY THE ICC AS THE

ACCUSED IS AN “EMPLOYER” UNDER THE ACT, AND ALL
CASES AGAINST EMPLOYERS SHOULD BE HEARD BY THE
LCC
• NEW COMMITTEE IS A MERE RECONSTITUTION OF THE
LOCAL COMPLAINTS COMMITTEE
• STATE GOVERNMENT CAN RECONSTITUTE LOCAL
COMPLAINTS COMMITTEE TO ACHIEVE THE OBJECTS OF
THE ACT
• NEED TO RECONSTITUTE AROSE BECAUSE OF
ALLEGATIONS BY PETITIONER
 RESPONDENTS’ ARGUMENTS

POSH ACT AND SERVICE RULES

SUPPLEMENT EACH OTHER

• SECTION 28 OF THE POSH ACT STATES THAT

THE ACT WOULD NOT REPEAL ANY LAW THAT
IS IN FORCE AT THE TIME
• SECTION 13(3)(1) PROVIDES THAT THE ICC/LCC
MUST TAKE ACTION IN ACCORDANCE WITH
THE SERVICE RULES PRESCRIBED
DECISION OF THE
COURT
BENCH: V.K. TAHILRAMANI, A.C.J. AND M.S. KARNIK, J.

DELIVERED ON 22 DECEMBER 2017

AUTHORED BY M.S. KARNIK, J.

HELD: RESPONDENTS
 DECISION OF THE COURT

SUBSTANTIAL COMPLIANCE WITH THE

PROVISIONS OF THE ACT

• COMMITTEE FORMED CONSIDERED TO BE A

RECONSTITUTION OF THE COMPLAINTS COMMITTEE,
WHICH THE STATE GOVERNMENT IS ALLOWED TO DO
• RECONSTITUTION NECESSARY TO GIVE EFFECT TO THE
OBJECT OF THE ACT
• NO INVESTIGATION OF COMPLIANCE WITH PROCEDURE
POST-CONSTITUTION OF COMMITTEE
 DECISION OF THE COURT

POSH ACT DOES NOT REPLACE THE SERVICE

RULES

• ARGUMENTS ABOUT SECTION 28 AND 13(3)(1) ADVANCED BY THE

RESPONDENT ACCEPTED
• IN FACT, RATHER THAN BEING CONTRADICTORY, POSH ACT AND
SERVICE RULES SUPPLEMENT EACH OTHER
• BOTH OPERATE IN DIFFERENT AND DISTINCT FIELDS
ANALYSIS
 ANALYSIS
TRIGGER SUBSTANTIAL COMPLIANCE
ENOUGH?
COMMITTEE FOR • PROCEDURAL SAFEGUARDS
DEPARTMENTAL
ENQUIRY AFFORDED TO ACCUSED IGNORED IN
FAVOUR OF “SUBSTANTIAL
COMPLIANCE”
POSH ACT
(COMMITTEE
CONSIDERED
ICC)
ACT AND RULES TREATED AS
“SUBSTANTIAL
DISTINCT FIELDS
COMPLIANCE”
WITH POSH ACT • REFERENCES TO INTERRELATED AND
SUPPLEMENTARY NATURE OF THE
PROPER ACT AND THE RULES
PROCEDURE FOR
DEPARTMENTAL
• CONTRADICTORY?
ENQUIRIES
 ANALYSIS
COMMITTEE QUALIFIED AS
ICC UNDER POSH
SUBSTANTIVE PROCEDURAL
JUSTICE SAFEGUARDS

1979 POSH
RULES ACT

RESPONDENTS’ PETITIONER’S
ARGUMENTS ARGUMENTS
CONSISTENSY AS THE BEDROCK OF
INTERPRETATION
 SUBSEQUENT CASES

RASHI V. UNION OF INDIA

• DELHI HC LAID DOWN A NUMBER OF

GUIDELINES REGARDING THE CONSTITUTION
AND FUNCTIONING OF THE ICC
• IMPORTANCE OF FOLLOWING PROCEDURE
• PRINCIPLES OF NATURAL JUSTICE SHOULD BE
FOLLOWED
• RECONSTITUTION OF ICC NOT AGAINST POSH
ACT, IF NECESSARY TO GIVE EFFECT TO THE
OBJECT OF THE ACT
THANK
YOU!