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Employment & Labour · 2 April 2026

Conducting a POSH Inquiry: The Procedure an Internal Committee Must Follow, Step by Step

A procedural walkthrough of a POSH inquiry from complaint intake through the final report, covering conciliation, evidence recording, interim relief and recommendations.

By S&S Co. Advocates & Solicitors · Published 2 April 2026 · Informational content, not legal advice: see our disclaimer

Step 1: Receiving the Complaint

A written complaint must be made within three months of the incident, extendable by a further three months where the Committee is satisfied the complainant was prevented by sufficient cause from filing earlier. Where the complainant is unable to make a complaint in writing, the Presiding Officer or a member is expected to render reasonable assistance.

Step 2: Optional Conciliation

Before initiating an inquiry, and only at the complainant's request, the Committee may attempt conciliation between the parties. Conciliation cannot involve a monetary settlement as the basis for resolution, and once a settlement is reached, the Committee records it and forwards it to the employer for action on its terms. If no such request is made, or conciliation fails, the Committee proceeds directly to inquiry.

Step 3: Interim Relief, if Requested

At any point during the pendency of the inquiry, the complainant may make a written request for interim measures under Section 12, such as transfer of either party, grant of leave to the complainant, or restraining the respondent from writing the complainant's performance appraisal. This request is to be considered on its own footing and is not contingent on any finding on the merits of the complaint.

Step 4: The Inquiry Itself

The respondent is given a copy of the complaint and an opportunity to file a reply within ten working days. Both parties are entitled to be heard, to produce witnesses, and to present relevant documents; neither party is permitted to bring a lawyer to represent them during the Committee's proceedings, although this does not prevent either party from taking legal advice outside the inquiry. The Committee follows principles of natural justice: proper notice, an opportunity to respond to the evidence relied upon, and a reasoned basis for its eventual finding.

Step 5: Timelines

The inquiry must be completed within ninety days of the complaint. The Committee then has ten further days to submit its report to the employer (or, where the complaint is against the employer, to the District Officer). The employer is required to act on the recommendations within sixty days of receiving the report.

Step 6: Findings and Recommendations

If the allegations are not proved, the Committee records that no action is required. If proved, the Committee may recommend action against the respondent in accordance with the employer's service rules, or, where no such rules exist, in accordance with rules the government may prescribe, and may separately recommend deduction of an amount from the respondent's salary payable to the complainant, or direct recovery where the respondent has no salary owed.

Step 7: Appeal

Either party dissatisfied with the recommendations, or with the employer's failure to act on them, may prefer an appeal within ninety days to the forum prescribed under the relevant service rules, or, where none applies, as prescribed under the Act.

Frequently Asked Questions

Can a complainant be represented by a lawyer during the Internal Committee's proceedings?

No. Neither the complainant nor the respondent is permitted to be represented by a legal practitioner during the Committee's hearings, although both may take legal advice outside the proceedings.

Is conciliation mandatory before an inquiry begins?

No. Conciliation is attempted only if the complainant specifically requests it, and only before the inquiry begins; it cannot be based on a monetary settlement, and the Committee proceeds to a full inquiry if conciliation is not requested or does not succeed.

What if the ninety-day inquiry period is not sufficient?

The timeline is treated by courts as a firm expectation rather than something to be disregarded, though genuine cause for extension, properly recorded by the Committee, has been recognised in practice; unexplained delay beyond ninety days can expose the inquiry to challenge by either party.

References & Further Reading

This article references the following statutory provisions. Readers should always verify current rules, fees and timelines against the applicable statute and rules as amended, since these are revised from time to time.

  1. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013, as amended.
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