Learning Lessons Series from Kritarth Consulting L-1

“Can the Internal Committee Nominate its Presiding Officer?”

As an External Member of many Internal Committee PAN India, I come across strange or unusual Action-Steps taken by few Internal Committees. One case is undermentioned:-

Case:-The Presiding Officer, herself, was the Aggrieved-Woman-Employee Complainant. She filed a Sexual Harassment Complaint against her Superior addressed to her Employer and sent a Copy addressed to Internal Committee.

The other remaining Members including the Member (External) of this Internal Committee convened a Meeting to “Review” the situation and “Decided to nominate one from amongst them as the new IC Presiding Officer” and soon commenced their IC Inquiry Proceedings. This Internal Committee has since concluded the Inquiry into the above mentioned SH Complaint.

The Point/ Question is “Whether the Internal Committee Members are legally authorized to nominate their Presiding Officer when the Presiding Officer happens to be the Complainant???

Kritarth Team Welcomes Views, Opinions or Suggestions from our Community Members. Your Valuable Contributions will serve as Lesson for Internal Committee Members- present and prospective, all.

Harsh Kumar Sharan, XLRI Alumnus,

Spl Educator PoSH Programs, Serving Member (External) ICs PAN India

23.6.2020

Kritarth’s Blog: https://holistichr.blogspot.com/

From India, Delhi
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Kritarth Consulting
Posh Programs; Hr Management Consultants
Bhartiya Akhil
Freelancer

Dear Harsh Kumar Sharan,

Chapter II Section 4 deals with Constitution of Internal Complaints Committee which states as under:

Every employer of a workplace shall, by an order in writing, constitute a Committee to be known as the "Internal Complaints Committee".

The committee consist of members including Presiding Officer.

It is further stated that the Presiding Officer and every Member of the Committee shall hold office ........... as may be specified by the employer.

Thus, it is very clear that the employer who constitute the committee.

It is very clear that the appointment of Presiding Officer has to be made by the employer and not by anybody else.

Likewise, removal of any member including Presiding Officer from the Committee and filling the vacancy so created or any casual vacancy shall be done by fresh nomination in accordance with the provisions of the section 4 of the Act.

The committee has no power to appoint or remove any member of the committee including Presiding Officer.

From India, Mumbai
Thank you Akhil for so thorough and Crytal-Clear Clarification. Harsh K Sharan, Kritarth Team, 23.6.2020
From India, Delhi

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