When the Presiding Officer Is the Complainant: Can Internal Committees Choose a New Leader?

Learning Lessons Series from Kritarth Consulting L-1

“Can the Internal Committee Nominate its Presiding Officer?”

As an External Member of many Internal Committees across India, I often encounter strange or unusual actions taken by some Internal Committees. Here is one such case:

Case: The Presiding Officer herself was the aggrieved woman employee who filed a sexual harassment complaint against her superior. The complaint was addressed to her employer, with a copy sent to the Internal Committee.

The other remaining members, including the external member 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.” They soon commenced their IC inquiry proceedings. This Internal Committee has since concluded the inquiry into the aforementioned sexual harassment complaint.

Point/Question: Are the Internal Committee members legally authorized to nominate their Presiding Officer when the Presiding Officer happens to be the complainant?

The Kritarth Team welcomes views, opinions, or suggestions from our community members. Your valuable contributions will serve as lessons for current and prospective Internal Committee members.

Harsh Kumar Sharan, XLRI Alumnus,

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

23.6.2020

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

Dear Harsh Kumar Sharan,

Constitution of the Internal Complaints Committee

Chapter II, Section 4 deals with the Constitution of the Internal Complaints Committee, which states as follows:

Every employer of a workplace shall, by an order in writing, constitute a Committee to be known as the "Internal Complaints Committee." The committee consists of members, including the Presiding Officer.

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

Thus, it is very clear that the employer constitutes the committee.

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

Likewise, the removal of any member, including the 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 Section 4 of the Act.

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