Introduction 

• In this crucial case, the Supreme Court ruled on the procedural irregularities in an inquiry conducted by the Internal Committee of Goa University under the POSH Act. 
• The judgment highlights the need for fair inquiry procedures and mandates strict compliance with the statutory framework laid down under the POSH Act, 2013.  
• The Court also issued extensive directions to ensure better enforcement nationwide. 

Facts 

• The Appellant, Mr. Aureliano Fernandes, a faculty member at Goa University, faced multiple sexual harassment complaints from female students. 
• The Internal Committee (IC) of the University initiated an inquiry but conducted it ex parte due to the Appellant’s repeated absences, citing medical reasons. 
• The IC found the Appellant guilty of grave misconduct and recommended his termination. 
• He was removed from service and disqualified from future employment at the University. 
• The Appellant filed a writ petition before the Bombay High Court (Goa Bench), challenging the inquiry process. 
• The High Court dismissed the petition, upholding the inquiry and ruling out any violation of natural justice or irregularity in IC composition. 
• Aggrieved, the Appellant approached the Supreme Court. 

Issue Involved 

• Whether the inquiry conducted by the Internal Committee of Goa University complied with the principles of natural justice, and whether procedural safeguards under the POSH Act were adhered to? 

Observations 

• On Principles of Natural Justice: 
  • The Supreme Court noted that the inquiry was conducted in undue haste. 
  • Despite the Appellant's medical absences, insufficient time was given to present his defense. 
  • The inquiry violated principles of natural justice by not allowing reasonable opportunity to be heard. 
• On Internal Committee Constitution: 
  • The Appellant's challenge to the composition of the IC (members being junior to him) was not upheld, but the procedural flaws took precedence. 
• On the Role of the POSH Act: 
  • The Court emphasized that the POSH Act can only be effective if implemented with sincerity and care. 
  • The procedural lapses reflected poor institutional adherence to the law’s spirit and objectives. 
• Supreme Court Directions: 
  • Union, State, and UT Governments must verify if ministries, departments, PSUs, etc. have properly constituted ICs/LCs per statutory requirements. 
  • Entities must publish on their websites the details of their ICs/LCs, email contacts, complaint procedures, and relevant policies. 
  • Authorities must conduct training and orientation for IC/LC members on their duties and the correct procedures for handling complaints. 
  • Employers should regularly organize workshops and awareness programs to sensitize both ICs and employees on the POSH framework and responsibilities. 

Conclusion 

This ruling reinforces the significance of procedural fairness in sexual harassment inquiries. It also establishes the Supreme Court’s commitment to upholding the dignity of working women through proper enforcement of the POSH Act. The judgment serves as a critical reminder for public and private employers to review and strengthen their POSH compliance mechanisms.