Srinagar: The High Court of J&K and Ladakh quashed a sexual harassment complaint and the corresponding recommendations issued by an Internal Complaints Committee (ICC) against an officer of the Income Tax Department.
The court of Justice Javed Iqbal Wani held that the complaint, filed well beyond the statutory limitation period prescribed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 was legally untenable.
The case revolved around allegations by a subordinate officer against the petitioner, Mohammad Altaf Bhat, an official of Income Tax Department for an incident purportedly occurring on April 25, 2016.
However, the complaint was only lodged on October 16, 2017— more than a year after the alleged incident and exceeding the six-month limitation period set under Section 9 of the Act, which includes a three-month standard timeframe and a three-month extension only under justified circumstances
The counsel, Tasaduq H Khawaja, representing Bhat argued that the ICC proceedings violated principles of natural justice and law.
The counsel further contended that the ICC had recommended punitive measures, including a fine of Rs. 1 lakh and disciplinary action, without affording him a fair opportunity to defend himself.
Bhat in his petition had sought quashing of the ICC proceedings on the grounds of procedural impropriety and violation of natural justice.
The court noted that despite procedural delays, the ICC entertained the complaint and proceeded to penalize Bhat, which was deemed unlawful.
Justice Wani noted that no adequate justification for the delay was presented. Consequently, the court ruled that the ICC lacked the jurisdiction to entertain the complaint, rendering its findings and recommendations invalid.
The respondent, who had earlier filed a criminal complaint under Section 354 of the Ranbir Penal Code (RPC), in which Bhat was acquitted in 2018, admitted to filing the ICC complaint beyond the statutory period. The respondent also claimed prolonged inaction by department officials as the reason for the delay.
Allowing the plea, the Court while emphasising that statutory provisions governing complaint timelines must be strictly adhered to, quashed the complaint and all ICC recommendations against Bhat.
