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19. The definition of the term ‘sexual harassment’ itself has been laid down in Section 2(n) of the POSH Act, while Section 3(2) of the Act further explains ‘acts’ or ‘circumstances’ which may amount to sexual harassment. Section 3(1) of the POSH Act provides that ‘No woman shall be subjected to sexual harassment at any workplace’.

20. A complaint of sexual harassment may be made by an aggrieved woman under Section 9 of the POSH Act, as quoted below:

“9. Complaint of sexual harassment.– (1) Any aggrieved woman may make, in writing, a complaint of sexual harassment at workplace to the Internal Committee if so constituted, or the Local Committee, in case it is not so constituted, within a period of three months from the date of incident and in case of a series of incidents, within a period of three months from the date of last incident:

(i) treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct;

(j) monitor the timely submission of reports by the Internal Committee.” PROCEEDINGS BEFORE THE CAT AND HIGH COURT

25. The thrust of the challenge as presented by the Appellant before the CAT and the High Court, in short, was that since the Department of Revenue was the controlling authority of the Appellant, the ICC constituted under the Department of Food and Public Distribution did not have the jurisdiction to entertain the complaint filed by the aggrieved woman under Section 9 of the POSH Act. As such, the Appellant contended that it was only the ICC constituted under his own Department which can institute ICC proceedings against him. To buttress this argument, much emphasis was laid by the Appellant on Section 11 of the POSH Act. The Appellant urged that use of the words ‘where the respondent is an employee’ in Section 11 implies that the inquiry into a complaint for sexual harassment must be done by the ICC constituted at the workplace where the Appellant is employed. Consequently, he argued that the workplace of the aggrieved woman and the ‘respondent’ alleged of the act of sexual harassment have to be the same, for the POSH Act to apply.

ARGUMENTS ADVANCED

28. Learned Senior Counsel Mr. Vipin Sanghi appearing for the Appellant has argued with vehemence that for civil servants, the CCS (Conduct) Rules are a complete code on sexual harassment and the correct recourse against a civil servant, therefore, is institution of disciplinary proceedings in accordance with Rule 3C of the CCS (Conduct) Rules. It is urged that such a disciplinary proceeding can only be handled by the ICC constituted in his department, since his controlling authority is different from the controlling authority of the aggrieved woman where ICC proceedings have been instituted. Placing heavy reliance on Section 13 of the POSH Act, he argues that the ICC constituted where the appellant is an employee, solely has jurisdiction to entertain complaints of sexual harassment, since it is only his employer which may take action based on the findings of the ICC. Learned Senior Counsel also urged that the use of the phrase ‘where the respondent is an employee’ in Section 11 necessarily requires that the ICC proceedings must be instituted at the workplace of the Appellant. It has been argued that as per Section 19(h) of the POSH Act, the only remedy available to the aggrieved woman when the perpetrator of an act of sexual harassment is not an employee of the same department, is to initiate action under the IPC or any other law.

52. The long title of the POSH Act and its ‘Preamble’ are relevant internal aid for the purpose of interpretation and are therefore quoted herein:

“An Act to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto.

WHEREAS sexual harassment results in violation of the fundamental rights of a woman to equality under articles 14 and 15 of the Constitution of India and her right to life and to live with dignity under article 21 of the Constitution and right to practice any profession or to carry on any occupation, trade or business with includes a right to a safe environment free from sexual harassment;