2 Answers
Dear Client, as per your query, In accordance with Section 18 of the POSH Act, 2013, you have a right to file an appeal within 90 days of the recommendation by the Internal Committee (IC). Since the standard is "Preponderance of Probability," your legal strategy would include challenging the procedure and rationality of the findings. You can argue that the IC has not adhered to the "Principles of Natural Justice"- for example, if they have denied you a fair opportunity to cross-examine, have not taken your evidence on record, or have shown clear bias in their proceedings. If there are specific "Service Rules" in your organization, you would file your appeal with the authority mentioned in those rules, otherwise, before an Industrial Tribunal/Labor Court. In case of further queries, please do not hesitate to contact us.
Thank You.
Dear Client,
Under the POSH Act, an Internal Committee (IC) is allowed to act on the “preponderance of probability” (more likely than not) and not proof beyond reasonable doubt, so it is technically valid to find someone guilty if the IC is convinced the incident was more probable than not, even if there is no direct “hard” proof like CCTV or documents. However, that still requires a fair inquiry where you were given proper notice, opportunity to explain, and a chance to submit your evidence. If the IC completely ignored your version, did not record proper reasons, or relied only on suspicion without any plausibility, you can challenge that conclusion in higher forums such as company’s appellate authority or labour court depending on your employment.
I hope this helps and if you have any further issues do not hesitate to contact us.