KOLKATA: The internal complaints committee (ICC) probing sexual harassment cases at workplaces cannot dismiss them without hearing complainants, Calcutta HC said Thursday while directing Hiralal Mazumdar Memorial College for Women to reinvestigate an almost six-year-old complaint, instructing the institute as well as its ICC to finish the proceedings after hearing all parties within 12 weeks.
In the judgment delivered by Justice Jay Sengupta on Feb 13, he quashed ICC resolution that had dismissed the case. He said, “… it does not, even prima facie, appear that a notice was served on the petitioner or that she was examined on question of settlement, especially when she appended her disapproval on the apology letter. The resolution to drop the proceeding is, thus, bad also for violation of principles of natural justice.”
An English teacher at the college had lodged a complaint against her colleague under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, on Sept 5, 2018. The ICC on July 11, 2023, adopted a resolution to close the complaint, saying the dispute “could be considered concluded” as the issue took place at the victim’s home, not workplace, and she never raised the issue again in six years.
The teacher, however, claimed she had repeatedly approached the authorities but to no avail. She also alleged that no step was taken in the police complaint either. After ICC resolution, the accused had filed a defamation suit against the victim. “It is surprising though the matter was referred to ICC, hardly any step was taken… Such laxity by the college and ICC would render the purpose of the Act nugatory,” HC said.
