Can I appeal against the findings of the Internal Committee in a POSH inquiry?

Question

The Internal Committee gave a decision in my sexual harassment complaint that I am unhappy with. Can I challenge it further? Specifically, I want to know how Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, Section 18 applies to a situation like mine and what the labour law position in India actually is. If there is a deadline I should be aware of, I need to know that now.

MyVakeel Legal Desk · Accepted Answer

Can I appeal against the findings of the Internal Committee in a POSH inquiry? is governed in India primarily by Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, Section 18 and POSH Act 2013, Section 13. Outcomes in posh appeal disputes depend heavily on documentation, so check what you can actually evidence as you read.

Section 13 requires the Internal Committee to submit its report with recommendations within 10 days of completing the inquiry, and the employer must act on the recommendations within 60 days.

Section 18 gives any aggrieved person, whether complainant or respondent, the right to appeal against the recommendations or non-implementation of the ICC's findings within 90 days.

The appeal lies to the court or tribunal designated under the applicable service rules, or in their absence, as prescribed by the appropriate government's rules under the Act.

The appellate authority can examine whether the inquiry followed principles of natural justice, whether evidence was properly appreciated, and whether the punishment imposed is proportionate.

Pending appeal, interim protection such as continuation of leave or transfer for the complainant already granted under Section 12 during the inquiry may continue as directed by the appellate forum.

Practical steps: 1) Obtain a certified copy of the ICC's inquiry report and recommendations; 2) Identify the appellate forum designated under your organisation's service rules or applicable government notification; 3) File the appeal within 90 days with grounds challenging the findings or process followed; 4) Engage a lawyer experienced in POSH matters to represent you at the appellate stage.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — remedies under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, Section 18 carry limitation periods, and unexplained delay weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in labour law.