Gujarat HC Grants Leave under Sec 12 POSH Post-Inquiry

Section 12 POSH Act, Gujarat High Court Grants Leave to Complainant despite Completion of Inquiry to Save Her from Sitting Next To Accused

Online Legal India LogoBy Online Legal India Published On 02 Jul 2025 Category News Author ADV Mohana Banerjee

In a significant ruling on May 29, 2025 reaffirming the protective intent of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”), the Gujarat High Court grants leave to complainant despite completion of inquiry to save her from sitting next to accused who is previously found guilty of sexual harassment case.

Background

The petitioner, a Class-III employee in the Government Printing and Stationery Department in Bhavnagar, had earlier lodged a sexual harassment complaint against a co-worker. Following a formal inquiry, the Internal Complaints Committee (ICC) found the accused guilty under the POSH Act. Despite this finding, departmental authorities failed to act upon the complainant’s request for transfer.

In February 2025, the petitioner submitted a formal application seeking a transfer to Ahmedabad on the grounds of caring for her ailing mother-in-law. The request remained pending without action, compelling her to approach the High Court seeking both a transfer and temporary leave from work.

Court’s Observations and Relief

The single-judge bench observed that the continued proximity of a sexual harassment survivor to the perpetrator, particularly after a guilty finding, undermines the purpose of the POSH Act. Citing Section 12 of the Act, which empowers authorities to provide interim relief to complainants—including transfer or leave—the Court emphasized:

“Even if the inquiry is concluded, if the victim is forced to sit next to the perpetrator, she can never function effectively. The law must protect her dignity and mental peace.”

Accordingly, the Court ordered:

  • Grant of one week’s additional paid leave to the complainant;
  • A direction to the department to reconsider her transfer request sympathetically;
  • Listing of the matter for further hearing on June 12, 2025, to ensure compliance.

Government Compliance

Ahead of the scheduled hearing, the department issued a transfer order on June 9, 2025, relocating the petitioner to Ahmedabad. The official communication cited her February 18 request, resolving the matter in line with judicial directives.

Legal Significance

This judgment reinforces the remedial scope of Section 12 of the POSH Act. While punitive actions against the accused are vital, the Court underscored that ensuring the survivor’s mental well-being and work environment is equally critical. The case sets a precedent for courts to actively use interim provisions to restore safe working conditions post-inquiry.


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