The Gujarat High Court was dealing with a plea of a ex-employee of Amul in a POSH case. (Image generated using AI)Gujarat High Court news: The Gujarat High Court has dismissed a plea filed by a former employee of a popular dairy company who sought to quash an Internal Complaints Committee (ICC) report that labelled her sexual harassment allegations against a top official as “false and baseless”.While hearing a plea of a woman who is challenging the ICC findings, Justice Hemant M Prachchhak observed that in allegations of sexual harassment, which are sensitive by their very nature, one has to be careful that a reverse bias does not operate against the involved male accused.“In allegations of sexual harassment, which are sensitive by their very nature, one has to be careful that a reverse bias does not operate against the involved male accused, since the statute itself provides sufficient protection, a double layer of protection, if extended by adjudicating forums to the complainant, might be counterproductive, since excessive abuse of the provisions of the statute will create more glass ceilings than they remove, creating fetters in the employment of genuinely competent and hard-working employee,” the court said on April 16.Case of POSH complaint and aftermathThe petitioner alleged that on May 28, 2025, she was subjected to physical and verbal assault by the two top officials of the company. According to the petitioner, the duo forcibly snatched her mobile phone, leading to physical bruises and medical distress. Justice Hemant M Prachchhak heard the matter on April 16.Also Read | SBI’s Garima policy a mere facade: Punjab and Haryana High Court slams bank for flagrant violation of POSH ActThe petitioner addressed a formal letter to the Human Resource Department, with copies sent to the head of the ICC. She requested the constitution of a committee under the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) (POSH) Act, 2013.Following her complaint, her official access was blocked, and she was eventually terminated from service on February 11. Simultaneously, one of the accused officials filed a counter-complaint with the ICC, alleging that the petitioner had “outraged her modesty” by circulating defamatory letters and photographs insinuating an illicit relationship between her and the other accused.The ICC findingsIn its final report dated September 25, 2025, the ICC concluded that the petitioner’s allegations were “false and misleading” and that she had consciously concealed material facts.Story continues below this adThe committee recommended disciplinary action against her. Conversely, the ICC admitted one of the officials’ complaints, noting that photos found on the petitioner’s phone suggested her involvement in the defamatory campaign, and forwarded the matter to the police.Petitioner’s caseAppearing for the petitioner, advocate I G Joshi argued that the the ICC proceedings were vitiated by a real and reasonable apprehension of bias as all of the ICC members, except one, were direct subordinates of the top official, against whom the complaint was filed and the composition of such a committee creates an institutional conflict of interest and violates the principle of nemo judex in causa sua (no one should be a judge in their own cause).He has submitted that the ICC has committed an error in holding that the absence of “sexual undertones” negates sexual harassment as contemplated under Section 2(n) (sexual harassment as any unwelcome act or behavior of a sexual nature, direct or implied, including physical contact/advances, demand for sexual favors, making sexually coloured remarks, showing pornography, or any other unwelcome physical, verbal, or non-verbal conduct) of the POSH Act, which includes physical contact and advances and other unwelcome conduct of a sexual nature.‘Sexual harassment definition under POSH wide enough’The definition of Sexual Harassment under the Act is wide enough to cover both direct or implied sexual conduct, which may involve physical, verbal, or non-verbal conduct.The key distinguishing feature is that the conduct is warranted and unwelcome by the recipient.The definition also includes a reference to create an offensive, intimidating, or hostile work environment.In the present case, whether the allegations made by the petitioner fall under Section 2(n) of the POSH Act, read with Section 3 (prevention of sexual harassment), or not.While examining the said fact, ICC has recorded in detail after examining relevant evidence, including CCTV footage, and they have also referred to the investigation carried out by the police.Thus, while carrying out the inquiry, ICC has completely followed the framework as provided under Section 11 of the POSH Act.Also Read | Supreme Court relief for tech CEO in rape case by ex stafferThe inquiry committee has submitted its report strictly in compliance with the provisions of Section 11 of the POSH Act.However, it is to be noted herein that Section 14 (punishment for false or malicious complaint and false evidence) of the POSH Act provides for protection to the concerned person against whom the allegations are made by the complainant about the offence of sexual harassment.Section 14 makes it clear that in case the complaint lodged by the complainant is found to be false or malicious and the complaint has been made knowing it to be false, the recommendations made by the ICC align with the settled legal principles enunciated under the Act.No bias reflected in ICC decision: OrderThe courts, in judicial review, have to be careful so as not to substitute their own opinions for those of the adjudicating authorities unless there is any patent unreasonableness, arbitrariness, mala fides, perversity, and/or illegality evident on the face of the record.I do not find any bias operating in the mind of the ICC or reflected in the impugned decision.The ICC complied with all principles of natural justice by giving an adequate opportunity of hearing and carefully assessing the entire body of evidence before dismissing the complaint of the petitioner.The principles of natural justice were adhered to, and there was no flaw whatsoever in the decision-making process adopted.Jagriti Rai works with The Indian Express, where she writes from the vital intersection of law, gender, and society. Working on a dedicated legal desk, she focuses on translating complex legal frameworks into relatable narratives, exploring how the judiciary and legislative shifts empower and shape the consciousness of citizens in their daily lives. Expertise Socio-Legal Specialization: Jagriti brings a critical, human-centric perspective to modern social debates. Her work focuses on how legal developments impact gender rights, marginalized communities, and individual liberties. Diverse Editorial Background: With over 4 years of experience in digital and mainstream media, she has developed a versatile reporting style. Her previous tenures at high-traffic platforms like The Lallantop and Dainik Bhaskar provided her with deep insights into the information needs of a diverse Indian audience. Academic Foundations: Post-Graduate in Journalism from the Indian Institute of Mass Communication (IIMC), India’s premier media training institute. Master of Arts in Ancient History from Banaras Hindu University (BHU), providing her with the historical and cultural context necessary to analyze long-standing social structures and legal evolutions. ... Read More © IE Online Media Services Pvt Ltd