ICC Recommendations Under POSH Act are Mandatory: Allahabad High Court

The Allahabad High Court recently held that the recommendations and reports of the Internal Complaints Committee (ICC) under the POSH Act are mandatory in nature and not merely advisory.

The Court observed that once the ICC finds an employee guilty of sexual harassment, the employer or district officer must treat it as misconduct and proceed under the applicable service rules.

Justice Manish Mathur emphasised that the objective of the POSH Act is to ensure a safe and harmonious workplace, and therefore ICC proceedings must remain fair, transparent and free from external pressure.

The Court also quashed the suspension orders passed against ICC members, noting absence of proper reasoning and application of mind.

[Km. Sunita Devi v. State Of U.P.]