Dear member,
My recommendation is to conduct the inquiry under the provisions of PoSH. Let the Internal Committee (IC) investigate the matter. The investigations by the police and investigations by the IC are independent. One cannot be a substitute for another.
Case of misconduct other than sexual harassment
Let us consider a case of misconduct like fraud or misappropriation of funds, etc., which is other than sexual harassment. I am unable to recollect the exact case law, but let me write what I remember.
The company conducted the domestic inquiry and later awarded the punishment of termination of the services. However, the police authorities also conducted an investigation, and the accused employee was charge-sheeted. But the court acquitted the employee.
Later, an employee approached the employer asking for the reinstatement of the employment. As the employer refused to do so, the employee approached the labor court. The labor court ruled that the acquittal by the court has no bearing on the punishment awarded by the employer. Hence the case was dismissed.
Independence of POCSO and PoSH
POCSO and PoSH are independent acts. The latter applies to your organization. Therefore, let the IC go ahead and do their job.
Please note that recently in Delhi, there was a case of false allegation of sexual harassment by a student. Therefore, a free and fair inquiry is sine qua non.
Anyway, other seniors like Mr. Madhu TK and Mr. Saswata Banerjee will also provide their inputs. Let us wait for their comments.
Thanks,
Dinesh Divekar