RTI & ICASH

RTI - Appellate Authority and Central Public Information Officer (CPIO)

RTI & ICASH

Under Section 5 (1) of the Right to Information Act, 2005, the following officers of the ICA, Chandigarh are appointed / designated as under in respect of subject matters related to the Institute of Correctional Administration, Chandigarh for the supply of information under the Right to Information Act, 2005 :-

Name and Designation             Appointed as under RTI Act, 2005                  Contact Number

Dr.UpneetLalli,

Head Coordinator (Trg. & Res.)          Appellate Authority                             0172-2790055

Mr. Gurdeep Singh Tanwar,              

Administrative Officer             Central Public Information Officer (CPIO)            0172-2790058  

Constitution of IC-Against SHW for considering complaints of sexual harassment of women at the Institute of Correctional Administration, (ICA), Chandigarh

In compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 on the subject of sexual harassment of women in the workplace, this Institute had duly constituted a Complaint Committee for considering complaints of sexual harassment of women in the Institute of Correctional Administration, Chandigarh. This Committee in the Institute has now been re-constituted on 21- Sep- 2023 for considering complaints of sexual harassment of women in the Institute. The details about the salient features of the POSH Act 2013, Inquiry procedure and timeline, guidelines and email ID to complain about sexual harassment of women at the workplace (ICA),functions and powers of IC, details of IC members of ICA and PDF file of the POSH Act 2013 are as given below:

 

Salient Features of the Act

 

Sexual Harassment means: An act of sexual harassment includes any one or more of the unwelcome acts or behaviour, whether directly or by implication [Section 2 (n)]:

a.         physical contact and advances; or

b.         a demand or request for sexual favours; or

c.         making sexual coloured remarks; or

d.         showing pornography; or

e.         any unwelcome physical, verbal or non-verbal conduct of a sexual nature.

 

The following circumstances, among other circumstances, if it occurs or is present about or connected with any act or behaviour of sexual harassment, may also amount to sexual harassment;

a.         Implied or explicit promise of preferential treatment in her employment; or

b.         Implied or explicit threat of detrimental treatment in her employment; or

c.         Implied or explicit threat about her present or future employment status; or

d.         Interference with her work or creating an intimidating or offensive or hostile work environment for her; or

e.         Humiliating treatment likely to affect her health or safety.

 

Time limit to make a complaint (3 months)- Adequate time to file a complaint (3 months from the date of the incident and in case of a series of incidents, 3 months from the date of the last incident). The time limit can be extended in appropriate cases

 

Time-bound redressal- IC must complete the inquiry within 90 days from receipt of the written complaint.

 

Confidentiality- Ensures total confidentiality in inquiry procedure and recommendation by IC to prevent identification and the reputation of all parties involved.

 

Conciliation-There is an inbuilt alternative redressal mechanism for the aggrieved woman to resolve her grievances through mutual consent without promoting misuse of law through the lure of monetary compensation.

 

Interim Relief - Provision for interim relief on the request of the aggrieved woman to avoid the discomfort of both parties interacting during the pendency of inquiry.

 

Principle of natural justice- Equal opportunity to both parties to present their case/evidence as well as rebut adverse case/ evidence, which ensures that nobody is condemned unheard.

 

Lower Burden of Proof- No need to prove guilt beyond a reasonable doubt. The parties must merely establish the preponderance of probability of their allegation based on the evidence produced.

 

Monetary compensation- Apart from disciplinary action which IC recommends to be taken against the Respondent, the law also provides restitution to the Aggrieved Woman for emotional trauma and losses incurred in the form of monetary compensation.

 

Provision of punishment for false or malicious complaint - The provision balances the concerns of the Respondent by providing adequate checks and balances. However mere inability to substantiate her allegations of sexual harassment would not amount to a false complaint.

 

Appellate Remedy-Any person aggrieved by the IC's recommendations can challenge the same before the appellate authority in such manner as may be prescribed.

 

 

 

 

 

 

Inquiry Procedure

 

1. The Internal Committee (IC) sends notice to the respondent with a copy of the complaint and supporting documents submitted by the aggrieved woman.

 

1. The respondent filesa reply along with his documents, names and addresses of witnesses.

 

1. IC forwards the reply of the respondent to the aggrieved woman and sends a notice to both parties for hearing.

 

1. The witness or evidence of the aggrieved womancan be cross-examined by the respondent and the witness or evidence of the respondent can be cross-examined by the aggrieved woman.

 

1. After considering the representation from both parties, IC submits its inquiry report and recommendations to the employer.

 

1. The Committee shall have the right to terminate the enquiry proceedings or to give an ex-party decision on the complaint, if the complainant or respondents fails, without sufficient cause to present herself or himself for three consecutive hearings. Before such termination or ex-party order, a prior written notice of not less than 15 days shall be given to the party concerned.

Guidelines to lodge a Complaint:

1. Any aggrieved woman (the complainant) may make, in writing, a complaint of sexual harassment at the workplace to the Internal Committee.
2. The written complaint should contain a description of each incident(s). It should include relevant dates, timings and locations; name of the respondent(s); and the working relationship between the parties. If an aggrieved woman is unable to make a complaint in writing, the Presiding Officer or any member of the Internal Committee shall render all reasonable assistance to her in making the complaint in writing.
3. Where the aggrieved woman is unable to make a complaint on account of her physical incapacity, a complaint may be filed by—

1. her relative or friend; or
2. her co-worker; or
3. an officer of the National Commission for Women or State Women's Commission; or
4. any person who knows about the incident, with the written consent of the aggrieved woman.

1. Where aggrieved woman is unable to make a complaint on account of her mental incapacity, a complaint may be filed by –

1. her relative or friend; or
2. a special educator; or
3. a qualified psychiatrist or psychologist; or
4. the guardian or authority under whom she is receiving treatment or care; or
5. any person who has knowledge of the incident jointly with her relative or friend or a special educator or qualified psychiatrist or psychologist or guardian or authority under whom she is receiving treatment or care.

1. Where the aggrieved woman for any other reason is unable to make a complaint, a complaint may be filed by any person who knows about the incident, with her written consent and where the aggrieved woman is dead, a complaint may be filed by any person who knows about the incident, with the written consent of her legal heir.
2. The legal practitioner is not allowed to represent the case at any stage of the proceedings before the Committee.

 

1. Information relating to conciliation and inquiry proceedings, recommendations of the Internal Committee and the action taken by the employer shall not be published, communicated, or made known to the public, press and media in any manner.

The basic details required to complain about sexual harassment are:

Complaint Content in writing which should includethe identity and addresses of the aggrieved woman, Description of incidence (s), Date (s) of the incidences, Timing (s) of the incidences, Respondent’s Name (s) and Parties working relationship, mention of witness (if any), and attach supporting evidence (if any).

Email ID to lodge a Complaint:

Complaints related to sexual harassment of women at ICA, Chandigarh should be sent to the given email.

icshw.icachandigarh@gmail.com

 

Internal Committee (IC) – Powers and Functions

• The Internal Committee functions like a quasi-judicial authority and has the powers of the Civil Court of summoning and enforcing the attendance of any person, examining him on its own and requiring the discovery and production of documents.
• The enquiry shall be completed within 90 days.
• While conducting enquiry, the Committee must follow the principles of natural justice.
• During the pendency of an enquiry, the Internal Committee, on a written request of the aggrieved woman, may recommend to the employer to

1. transfer the aggrieved woman or the respondent to any other workplace; or
2. grant leave to the aggrieved woman for up to three months; or
3. restrain the respondent from reporting on the work performance of the aggrieved woman or writing her confidential report, and assigning the same to another officer; or
4. restrain the respondent from supervising any academic activity of the aggrieved woman

 

• The employer is required to implement the above-said recommendations of the Committee and send the report of such implementation to the Committee.
• On completion of the enquiry, the Internal Committee shall provide a report of its findings to the employer, within a period of 10 days from the date of completion of the enquiry and such report shall be made available to the concerned parties also.
• Where the Committee concludes that the allegation against the respondent has not been proved, it shall recommend to the employer that no action is required to be taken in the matter.
• Where the Committee concludes that the sexual harassment allegations have been proved, it shall recommend to the employer to take action for sexual harassment as misconduct in accordance with the relevant provisions of the service rules and to deduct from the salary or wages of the Respondent such sum as it may consider appropriate to be paid to the aggrieved woman or her legal heirs.
• Where the Internal Committee arrives at a conclusion that the allegation against the respondent is malicious or the aggrieved woman or any other person making the complaint has made a false complaint or the aggrieved woman or any other person making the complaint has produced any forged or misleading document, it may recommended to the employer, to take action against the woman or the person who has made the complaint, in accordance with the provisions of the service rules applicable to her or him.
• Where the Internal Committee arrives at a conclusion that during the inquiry any witness has given false evidence or produced any forged or misleading document, it may recommend to the employer of the witness, to act in accordance with the provisions of the service rules applicable to the said witness.

 

Timelines as per the POSH Act (2013)

Submission of Complaint	Within 3 months of the last incident
Notice to the Respondent	Within 7 days of receiving a copy of the complaint
Completion of Inquiry	Within 90 days
Submission of Report by IC	Within 10 days of completion of inquiry
Implementation of Recommendations	Within 60 days
Appeal	Within 90 days of the recommendations

 

Details of Internal Committee against Sexual Harassment of Women formed at ICA, Chandigarh

In compliance with Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013,  an “Internal Committee Against Sexual Harassment of Women” is hereby constituted for the Institute of Correctional Administration, Sector 26, Chandigarh consisting of the following members:-

 

Sr. No.	Name and Designation	Address & Contact No.	Member	Contact Number
1	Dr. (Ms.) UpneetLalli Head Coordinator (Training & Research)	Institute of Correctional Administration, CCET Complex, Hostel No. 3, Sector 26, Chandigarh	Presiding Officer	0172-2790055 8288006092
2	Dr. (Mrs.) Deipa Singh Advocate Punjab & Haryana High Court Chandigarh	Punjab and Haryana High Court, Chandigarh	Member (External)	0172-2581981
3	Dr. (Ms.) Seema Deswal Course Coordinator-cum-Research Assistant	Institute of Correctional Administration, CCET Complex, Hostel No. 3, Sector 26, Chandigarh	Member (Internal	0172-2793622 8288006091
4	Mrs. SudeshKumari Accountant, ICA	Institute of Correctional Administration, CCET Complex, Hostel No. 3, Sector 26, Chandigarh	Member (Internal)	8288006096 0172-2793622
5	Mr. Gurdeep Singh Tanwar Administrative Officer	Institute of Correctional Administration, CCET Complex, Hostel No. 3, Sector 26, Chandigarh	Member Secretary	0172-2790058 8288006095

 

 

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
Sexual-Harassment-at-Workplace-Act