PoSH Report to be Submitted to both the Pa…

Case Law Brief Report to be made available to both the parties

Case Brief Title

Ms. Pushpanjali Padhy vs. Indian Overseas Bank

Keywords

RTI; PoSH; ICC Report; CIC; CIPO

Acts and Sections Referred to

RTI Act Sec. 8 (1) (b), (c), (g) and (j); The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 Sec. 16, Sec. 25, Sec. 11 (1) and Sec. 13 (1)

Case Number

CIC/SH/A/2015/000235

Court

CIC

Petitioner

-

Appellant(s)

Ms. Pushpanjali Padhy

Respondent(s)

Central Public Information Officer, Indian Overseas Bank

Judge(s)

-

Case Brief: An application was filed by the complainant to the Central Information Commission (CIC) regarding non provision of a copy of the inquiry report of the ICC for the complaint filed by the complainant against a colleague. The application under the RTI Act was filed with the Central Public Information Officer (CIPO) of the organization who denied the same under relevant provisions of the RTI Act. The complainant went into an appeal with the CIC seeking directions for the CIPO to share the information sought by the applicant. Judgement: The Chief Information Commissioner (CIC) observed that the Respondents, besides referring to Sec. 16 and Sec. 25 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, also referred to Sec. 13, as per which on the completion of an inquiry, the Internal Complaints Committee or the Local Complaints Committee, as the case may be, shall provide a report of its findings to the employer or, as the case may be, the District Officer within a period of ten (10) days from the date of completion of the enquiry and "such report be made available to the concerned parties." The Respondents stated that the inquiry was conducted by an Internal Complaints Committee of the Regional Office at Berhampur. They further submitted that the Appellant should approach the Internal Complaints Committee and the information desired by her would be provided to her "immediately". In view of the assurance of the Respondents regarding the immediate provision of information upon the Appellant approaching the Internal Complaints Committee, intervention by the Commission in this matter in respect of the provision of information is not necessary. We now come to the Appellant's request for an award of compensation to her. It is noted that Sec. 16 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, cited by the CPIO, deals with publication of the recommendations etc.

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