Supreme Court of India
Dr. Sohail Malik v. Union of India & Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
In view of the above, the Complaints Committee when investigating the allegations should make recommendations on whether there is a prima facie substance in the allegations which calls for conducting a formal inquiry.
Judgment, page 37
From the headnote
Issue for Consideration Issue arose whether the Internal Complaints Committee-ICC constituted in one department of the Central Government has the jurisdiction to entertain a complaint of sexual harassment under the POSH Act against an employee of a different department of the Central Government; whether the use of the words ‘where the respondent is an employee’ as contained in s.11 of the POSH Act would mandate that ICC proceedings must be instituted and carried out at the workplace of the ‘respondent’ instead of the workplace of the aggrieved woman where incident occurred and complaint was
Authorities it was built on
- 1997 Vishaka and Ors. v. State of Rajasthan and Ors.
- 1987 Reserve Bank of India v. Peerless General Finance & Investment Co. Ltd. Ors. and Vice Versa
- 1957 Kanai Lal Sur v. Paramnidhi Sadhukhan
- 2017 Ms. Eera through Dr. Manjula Krippendorf v. State (govt. of Nct of Delhi) & Anr.
- 1994 M/s. S.G. Glass Works Private Ltd. v. Collector of Central Excise and Customs
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