Shillong, Dec 7: The internal complaints committee (ICC) of the North Eastern Council, faced the mortification of having its proceedings against a rape accused dismissed by the Meghalaya High Court because of a technicality.
With the best of intentions, the ICC took up the case suo moto in August 2024 and suspended the accused. After that the ICC held an inquiry, it called a departmental disciplinary committee meeting without having a written complaint by the survivor. Instead of asking her to submit a written complaint, the ICC used the FIR that was filed in the local police station. However, this runs short of the requirements under the Prevention of Sexual Harassment in the Workplace (Prevention, Prohibition and Redressal) Act 2013 (known as the POSH Act).
The accused had used this to challenge the internal action against him at the Central Administration Tribunal (CAT), seeking relief from the ICC proceedings and to wait instead for the outcome of the criminal trial awaiting in the Sessions Court. The tribunal, quoting previous rulings in similar cases, said that it was not necessary for a written complaint to be submitted and that it was acceptable that an oral complaint to the presiding officer or any member of the ICC was made. In this case, the ICC members were informed orally and then they had called for a copy of the FIR. Based on this, the CAT upheld the ICC proceedings.
However, the accused then petitioned the High Court and a two-judge bench comprising the Chief Justice Soumen Sen and Justice Wanlura Diengdoh ruled that “prima facie, we are of the opinion that Section 9 of the POSH Act has not been followed” and quashed the ICC proceedings against the alleged sexual molester.
The MHC ruled that there has to be a written complaint from the accuser within specified time limits and that the ICC cannot suo moto initiate proceedings against an accused by treating the FIR as a complaint.
The High Court ruling does not impact the criminal investigation into the accused. According to the FIR, the accused is a permanent employee of the NEC and the victim a contract worker. The rape is alleged to have occurred at the NEC staff quarters in Motinagar.
Police sources said that they are ready to charge-sheet the accused. However, as the ICC’s proceedings against him have been stopped, him returning to work could cause further distress to the victim.
