1. HC rejects petition of pilot questioning ICC report in harassment case:
The court held that an inquiry under the POSH (Prevention of Sexual Harassment at Workplace) Act is of a “fact-finding nature.” In such a case, the ICC is not “not tethered by the strict rules of procedure and evidence” as in other cases
MUMBAI: The Bombay High Court on Monday rejected the petition of an Akasa Air captain accused of sexual harassment who had approached the court questioning the Internal Complaints Committees (ICCs) report in the matter.
The captain had approached the court on February 12, arguing that he was not given an opportunity to cross-examine the witnesses in the harassment case against him before the ICC published its final report. He told the court that this amounted to a “breach of the principles of natural justice” which mandate that all parties in a case must be heard out.
A single judge bench of justice NJ Jamadar dismissed his petition, observing that an inquiry under the POSH (Prevention of Sexual Harassment at Workplace) Act is of a “fact-finding nature”. In such a case, while the ICC can give an opportunity to hear out all parties in the case, the committee is not “not tethered by the strict rules of procedure and evidence” as in other cases.
Justice Jamadar said that in such a case, where the captain had even admitted to four of the five allegations against him, the lack of a cross-examination did not hinder the inquiry or lead to prejudice.
The case began in November 2024, when a trainee captain filed a complaint with the ICC of Akasa Air highlighting instances of misbehaviour and inappropriate comments made by the captain, who was assigned to oversee her training. She complained that his behaviour and comments were making her uncomfortable and disrespecting the professional learning environment.
Acting on her complaint, the ICC conducted an inquiry and on February 12, released its final report. The report recommended that the captain be warned to conduct himself professionally and ensure a professional and mature work environment with values of respect and dignity for all individuals.
Apart from making the captain undergo POSH refresher course, the ICC also recommended stopping his promotions for the next six months, and revoking his employee leisure travel benefits for 45 days.
The Bombay High Court in Vinod Narayan Kachave v. The Presiding Officer (ICC) & Anr. ruled that commenting on a woman’s hair length and volume, and singing a related song, does not constitute sexual harassment under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). This decision came while quashing a case against a private sector bank employee Vinod Kachave, who during a June 2022 training session, remarked to a female colleague, “you must be using a JCB to manage your hair,” and sang “Yeh Reshmi Zulfe.” The Court emphasised that such remarks, while potentially unwelcome, do not meet the legal criteria for sexual harassment, which requires behaviour of a sexual nature that violates the dignity of the individual. This decision clarifies the boundaries of what constitutes sexual harassment in the workplace, indicating that not all inappropriate or unprofessional comments fall under its purview.
