Procedure of Inquiry by the Local Committee The effectiveness of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH framework) depends significantly on the fairness, neutrality, and procedural integrity of Local Committees (LCs). These Committees are entrusted with responsibilities that are not merely administrative in nature, but quasi-judicial, requiring fairness, neutrality, procedural discipline, confidentiality, and sensitivity. In practice, LCs often encounter complex situations involving digital evidence, workplace hierarchies, interpersonal dynamics, concerns of retaliation, confidentiality obligations, and procedural challenges. This topic provides a practical and comprehensive resource to assist LC members in conducting inquiries in a legally sustainable, fair, and sensitive manner. It seeks to bridge the gap between statutory provisions and practical implementation by providing step-by-step inquiry procedures, guidance on principles of natural justice, best practices for recording evidence and conducting hearings. Why this Procedure must be followed A Local Committee (“LC”) is constituted by the District Officer, at the district level and, where required, at the block level. Its jurisdiction covers complaints from establishments where an Internal Committee has not been constituted because the establishment has fewer than ten workers, or where the complaint is against the employer himself, as well as complaints from domestic workers and from the unorganised sector generally. In practice, establishments of this kind rarely have applicable service rules governing disciplinary inquiry, so an LC inquiry proceeds, almost invariably, as the Rule 7 sets, subject to the LC specific points below. Legal Basis: Sections 5 to 7; Section 6(1). Procedure before the LCs STEP 1: Receipt and Acknowledgement of the Complaint The aggrieved woman submits the complaint in writing, in 6 copies, along with supporting documents and details of witnesses (Rule 7(1)). Complaint must be filed within 3 months of the incident (or the last incident, if a series). The LC may condone a further delay of up to 3 months for sufficient cause, recorded in writing (Section 9). If the woman cannot write the complaint herself, the LC must render all reasonable assistance to help her put it in writing. Where she is deceased or incapacitated, her legal heir or another authorised person may file on her behalf. STEP 2: Check of Jurisdiction LC confirms it is the correct forum: the establishment has fewer than 10 workers, OR the complaint is against the employer himself, OR the complainant is a domestic worker (Section 6). If an Internal Committee already exists and has jurisdiction, the LC should direct the woman to the IC instead of proceeding. STEP 3: Copy of Complaint Sent to the Respondent Within 7 working days of receipt, the LC sends one copy of the complaint to the respondent (Rule 7(2)). This step is mandatory, not optional. Courts have set aside LC/IC reports where this copy was withheld, holding it a breach of natural justice. STEP 4: Respondent Files a Written Reply The respondent must reply within 10 working days, along with his list of documents and witnesses (Rule 7(3)) STEP 5: Option of Conciliation Before starting the inquiry, and only if the woman herself requests it in writing, the LC may attempt conciliation (Section 10). No monetary settlement can ever form the basis of conciliation. If conciliation succeeds, the LC records the settlement and forwards it to the District Officer; no further inquiry is then held. The LC must never pressure or initiate conciliation on its own, the choice belongs to the complainant alone. STEP 6: Composition of Committee Every hearing must have a minimum of 3 members present, including the Chairperson. Any member with a conflict of interest, bias, or personal proximity to either party must recuse. An improperly constituted or biased committee vitiates the entire inquiry. STEP 7: Interim Relief, if Requested During the pendency of the inquiry, the LC may recommend interim measures at the complainant's request, transfer of either party, granting leave up to 3 months, or restraining the respondent from supervising her work (Section 12). Once granted, interim relief must actually be enforced by the employer; a mere paper direction is not compliance. STEP 8: Conducting the Inquiry, Exercise of Civil Court Powers The LC functions as a Civil Court: it can summon and enforce attendance, examine on oath, and call for documents (Section 11(3), CPC 1908). The inquiry must be conducted strictly in accordance with the principles of natural justice (Rule 7(4)), both sides must know the case against them and get a real chance to answer it. Lawyers are not permitted to represent either party during the inquiry. The complainant and witnesses must be allowed to depose without fear; the manner of cross-examination (oral, or through a written questionnaire) may be moulded by the LC to protect their dignity and safety, provided the respondent still gets a genuine opportunity to rebut the evidence. STEP 9: Non-Appearance of a Party If either party fails to appear for 3 consecutive hearings without sufficient cause, the LC may terminate the inquiry or proceed ex parte, but only after giving that party 15 days' written notice first. STEP 10: Completion of Inquiry The inquiry must be completed within 90 days from the date of the complaint. STEP 11: Inquiry Report Within 10 days of completing the inquiry, the LC must send its findings to the District Officer, with reasons (Section 13(1)). A copy of the report must be made available to both the complainant and the respondent, this is compulsory, even if the allegation is not proved. Withholding it is a punishable breach. STEP 12: Recommendations and Action If proved: LC recommends action against the respondent as misconduct, and may recommend a sum be paid to the woman as compensation, having regard to her trauma, loss of career opportunity, medical expenses, and the respondent's income (Section 13(3)). If the complaint is found malicious or knowingly false, or if forged evidence was produced, the LC may recommend action against the complainant, but a complaint that simply could not be proved is never treated as false (Section 14). The District Officer must act on the recommendation within 60 days of receiving it (Section 13(4)). STEP 13: Right to Appeal Either party dissatisfied with the recommendation, or with its non-implementation, may appeal to the court or tribunal designated under the Industrial Employment (Standing Orders) Act, 1946 (or the applicable service rules) within 90 days (Section 18). Examination-in-Chief Cross-Examination Re-Examination Each party first places its own account on record, the complainant and her witnesses, followed by the respondent and his witnesses, in their own words, either orally or through a signed written statement. The opposing party is then given a genuine opportunity to test and contradict that account. The Committee determines whether this is conducted orally at a hearing, or in writing, with a Committee member putting the questions to the witness and recording the answers. The party that called the witness may, with the Committee's leave, put further questions confined strictly to matters raised in cross examination, to clarify or explain, not to introduce new material. The statement is recorded accurately, read back to the deponent, corrected if necessary, and then signed by that person as true and correct, and countersigned by the members present. Where the Committee is satisfied that a witness cannot depose freely in the respondent's presence, it may protect that witness's identity while still ensuring the respondent's questions reach them, and the answers are shared with him in turn. No new subject may be introduced at this stage without the Committee's specific leave. Legal basis: Section 11(3) of the Act confers on the Committee the same powers as a Civil Court under the CPC, 1908, to summon and examine witnesses on oath. Legal basis: neither the Act nor the Rules prescribe a fixed procedure. The Supreme Court has held that the Committee may draw guidance from Rule 14(14) and Rule 14(17) of the CCS (CCA) Rules, 1965, applied “as far as practicable” rather than word for word, and has approved the written questionnaire mode in Bidyug Chakraborty v. Delhi University, Supreme Court order dated 12.01.2010. Legal basis: this limit mirrors the reexamination clause at Rule 14(14), CCS (CCA) Rules, 1965, which the Supreme Court has treated as an appropriate working template for POSH inquiries as well. The Committee must ensure the account is recorded fully and precisely, it forms the evidentiary foundation for the remainder of the inquiry. The Committee must never dispense with this opportunity or curtail it unduly. Inadequate notice or insufficient time for cross-examination can vitiate the entire inquiry, Aureliano Fernandes v. State of Goa, Supreme Court, 2023. The Committee must confine re-examination strictly to points raised in cross-examination, and disallow any attempt to reopen matters already covered in chief. Source : NCW Handbook on Inquiry Procedure for the Internal Committee and the Local Committee under the POSH Act.