Can I appeal an Internal Committee order under the POSH Act, and what happens if a complaint is found to be false?

Question

I am unhappy with the outcome of the Internal Committee inquiry into my complaint at work and I also want to know what happens if the accused claims my complaint was malicious. I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

Can I appeal an Internal Committee order under the POSH Act, and what happens if a complaint is found to be false? is governed in India primarily by Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, Section 18, POSH Act 2013, Section 14 and Code of Civil Procedure 1908, Order XLI. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

Section 18 gives any person aggrieved by the recommendations of the Internal Committee or Local Committee the right to prefer an appeal within ninety days before the court or tribunal designated under the applicable service rules, or a civil court if no such forum exists.

The appellate forum reviews whether the inquiry followed due process, whether findings are supported by evidence on record, and whether the recommended action is proportionate, rather than conducting a fresh inquiry from scratch.

Section 14 allows action against a complainant only where the Internal Committee concludes on inquiry that the allegation was made knowing it to be false or with malicious intent, and mere failure to prove the allegation does not by itself attract this provision.

The threshold for a false complaint finding under Section 14 is deliberately kept high, since the provision is meant to deter malicious complaints, not to discourage genuine complainants who are simply unable to fully substantiate their case with evidence.

Any action against the complainant under Section 14 must itself follow the same principles of natural justice, including a specific finding recorded by the Committee and an opportunity for the complainant to be heard before action is taken.

What to do next: 1) Obtain the written, reasoned Internal Committee report before deciding whether to appeal; 2) File the appeal within ninety days before the designated appellate authority; 3) Gather documentary evidence and witness statements not adequately considered in the original inquiry; 4) Consult a lawyer immediately if facing action under Section 14 for an allegedly false complaint.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, Section 18 carry limitation periods, and a delay you cannot explain 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 this practice area.