Overview
- The court held that Internal Complaints Committees of private employers are not ‘State’ under Article 12, so their findings are generally not open to writ review absent a public duty.
- Justice N.J. Jamadar said POSH inquiries are fact‑finding processes not bound by strict rules of evidence, so the lack of formal cross‑examination does not by itself invalidate an inquiry.
- The judge noted the pilot had admitted to four of five allegations, which weighed against a claim of prejudice from the absence of cross‑examination.
- The ruling distinguished an employer’s refusal to inquire, which may invite writ jurisdiction as recognized by the Karnataka High Court in Ms. X v. ICC, Ola Cabs, from complaints about how a completed inquiry was conducted.
- In the Akasa Air case, the ICC’s February 12 report recommended a final warning, a six‑month bar on upgrades, a POSH refresher course, and limited travel privileges, and the court allowed a Section 18 appeal with time spent on the writ excluded from limitation.