IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION No. 15 OF 2026
(Neela Gokhale J.)
Decided on 20.04.2026
SHRINIVAS SHINDE — PETITIONER
VERSUS
DIRECTORATE OF SKILL DEVELOPMENT
& ENTREPRENEURSHIP AND ORS. — RESPONDENTS
A) Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 – Section 18, Appeal – maintainability – It is not necessary for the Petitioner or a person aggrieved by the Internal Complaints Committee’s recommendation to show any direct injury caused to him.
Held
The ICC clearly failed in the discharge of its duties to specify that the complaint was being closed on account of false allegations made against the Petitioner, at the behest of the Principal of Institution, who instigated the Complainant to file complaint. The ICC clearly erred in recording that the Respondent No. 4 was instigated by an ‘unknown source’ to file the false complaint, under threat of future harassment, despite it being a matter of record that the source of instigation was ‘known’ to be the Respondent No. 3.
The aggrieved cannot be deprived of his statutory right to Appeal against the Inquiry Report of the ICC under the provisions stipulated in the POSH Act. Thus, merely because the statement of the Complainant cannot be taken as the gospel truth, in the absence of a substantive inquiry in that regard, it cannot be a ground per se to dismiss the Petitioner’s Appeal as not maintainable. To that extent, the findings of the Industrial Tribunal cannot be sustained. (para 19)
B) Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 – Section 9 and 14 – The action or punishment contemplated under Section 14 of the Act is limited to the woman or person making the complaint on behalf of woman. The statute does not provide for action/punishment, for false or malicious complaint or giving false evidence before the ICC, against a person who may have instigated a woman or a person making the complaint.
C) Constitution of India – Article 227- High Court, in its jurisdiction under Article 227 of the Constitution is well-equipped with the powers to correct the said error made by the Tribunal and the ICC in the Inquiry Report.
The words ‘unknown source’, appearing in the conclusion paragraph of the Inquiry Report dated 10th January 2025 of the ICC, require to be modified to the extent that the same shall be read as the Respondent No. 4 was instigated by the Respondent No. 3 to file a false sexual harassment case against the Petitioner. (para 21)
FACTS
On 29th November 2024, the Complainant addressed a complaint to the Director of the Respondent No. 1 against the Petitioner herein, alleging that the Petitioner was harassing her on basis of her disability.
An ICC was constituted to inquire into the complaint of Respondent No. 4. The Petitioner filed his reply dated 2nd January, 2025 denying the allegations made by the Complainant and raised a suspicion that the complaint was made by the Respondent No. 4, on an instigation of a third person.
The complainant withdrew her complaint as the allegations contained therein were false before ICC and the same was instigated by Principal of Institute, Respondent No.3. On the basis of her letter of retraction as well as her statement, the ICC concluded that the complaint was instigated by an ‘unknown source’ to file a false sexual harassment case against the Petitioner, by force feeding a concept that the Respondent No. 3 might harass her in future. Thus, the inquiry was closed and the penalties for the Complainant under the POSH Act were waived.
The Petitioner was aggrieved by the conclusion recorded by the ICC to the extent that the ICC observed that the complaint was instigated by an ‘unknown source’ despite the retraction letter of the Respondent No. 4 clearly stating that she was instigated and threatened by the Respondent No. 3 to make the complaint against him. An Appeal before the Industrial Tribunal and
Labour Court, Government of Goa. Appeal dismissed holding the same to be not maintainable.
For Judgment Click 👇
Shrinivas Shinde Vs Directorate of Skill Development