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The HC dismissed the miscellaneous petition and directed that the POSH complaint proceed on merits, holding the limitation defence unsustainable because the alleged misconduct commenced in December 2020 and recurred into 2022; the ICC as constituted was tainted and certain members were inappropriately included, warranting reconstitution. The court mandated integration of POSH Act procedures with CCA(CCS) Rules and applicable OMs for Central Government employees, requiring the inquiry report to be furnished to the disciplinary authority which shall decide on further proceedings in accordance with disciplinary rules, ensuring opportunity at charge-sheeting, ICC inquiry and disciplinary stages. Allegations of perjury by the complainant were rejected.
The HC dismissed the miscellaneous petition and directed that the POSH complaint proceed on merits, holding the limitation defence unsustainable because the alleged misconduct commenced in December 2020 and recurred into 2022; the ICC as constituted was tainted and certain members were inappropriately included, warranting reconstitution. The court mandated integration of POSH Act procedures with CCA(CCS) Rules and applicable OMs for Central Government employees, requiring the inquiry report to be furnished to the disciplinary authority which shall decide on further proceedings in accordance with disciplinary rules, ensuring opportunity at charge-sheeting, ICC inquiry and disciplinary stages. Allegations of perjury by the complainant were rejected.
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