POSH Act, 2013 — A Practical Guide for Bank Employees

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act, provides protection to women against sexual harassment at the workplace.

The Act seeks to prevent sexual harassment, provide a mechanism for examining complaints and ensure appropriate action where allegations are established. It applies to workplaces in both the public and private sectors, including banks.

Sexual harassment is not limited to physical misconduct. Unwelcome comments, inappropriate messages, sexual advances and conduct that creates an intimidating or hostile working environment may also fall within the Act, depending on the facts.

Why Is POSH Relevant in Banking?

Banking involves regular interaction between employees, supervisors, customers, vendors and other persons. Employees may also work together during training, inspections, official tours, meetings and events outside their regular offices.

A workplace sexual harassment complaint may therefore arise from conduct within a branch or administrative office, during official travel or through work-related electronic communications.

Every bank employee should understand how to recognise inappropriate conduct, where to report it and how the prescribed complaint and inquiry mechanisms work.

Section 2(n) of the POSH Act identifies the following unwelcome acts or behaviour, whether directly or by implication:

When Workplace Circumstances Become Relevant

Section 3(2) also identifies circumstances which, when connected with an act or behaviour of sexual harassment, may amount to sexual harassment.

• An implied or explicit promise of preferential treatment in employment.
• An implied or explicit threat of detrimental treatment in employment.
• An implied or explicit threat concerning present or future employment status.
• Interference with work or creation of an intimidating, offensive or hostile working environment.
• Humiliating treatment likely to affect health or safety.

What About Ordinary Workplace Disagreements?

A disagreement about work allocation, performance, leave, targets or administrative decisions does not automatically constitute sexual harassment.

The nature of the conduct, its context and its connection with unwelcome behaviour of a sexual nature must be examined. A legitimate administrative decision should not be confused with sexual harassment merely because it is unwelcome.

Who Can Seek Protection?

The POSH Act protects an aggrieved woman in relation to workplace sexual harassment. Protection is not restricted to permanent employees.

Depending on the circumstances, this may include:

• Permanent and probationary women employees.
• Temporary and contractual women employees.
• Women working through outsourced agencies.
• Women trainees, apprentices and interns.
• Women customers, visitors or other women affected by sexual harassment at a workplace.

The Act’s definition of an aggrieved woman includes a woman at a workplace whether employed or not. Coverage in a particular situation depends on the statutory definitions and facts.

What Counts as a Workplace?

Under Section 2(o), workplace has a broad meaning. For banking, relevant locations and situations may include:

The following hypothetical situations illustrate conduct that may raise concerns under the POSH Act. They are examples for understanding the law, not findings against any actual employee or officer.

Every woman experiencing workplace sexual harassment should know which authority can receive and examine her complaint.

Under the POSH Act, 2013, employers are required to constitute an Internal Committee (IC) to receive and inquire into complaints of workplace sexual harassment.

Banks generally operate through branches and administrative offices such as Regional, Circle, Zonal and Head Offices. Depending on the bank’s organisational structure and POSH policy, Internal Committees may be constituted at different administrative levels.

A woman employee should identify the appropriate Internal Committee under her bank’s current POSH policy rather than assume that every complaint must be submitted to the Head Office.

5.1 What Is an Internal Committee?

An Internal Committee is a statutory body constituted by the employer under Section 4 of the POSH Act.

Internal Committee (IC) or Internal Complaints Committee (ICC) ? – Both terms refer to the committee constituted under the POSH Act to examine workplace sexual harassment complaints. Some banks and official documents continue to use the term Internal Complaints Committee (ICC). This guide uses Internal Committee (IC) throughout.

Its principal responsibilities include:

• Receiving complaints of workplace sexual harassment.
• Conducting inquiries in accordance with the prescribed procedure.
• Providing both parties an opportunity to present their cases.
• Recommending appropriate action based on its findings.
• Recommending interim relief where applicable.

The committee is required to act fairly, maintain confidentiality and follow the applicable statutory procedure.

The employer is responsible for constituting the committee and providing the facilities and assistance necessary for it to function.

5.2 Who Should Be on the Internal Committee?

The POSH Act specifies the committee’s composition.

Where a senior woman employee is unavailable at a particular workplace, the Act provides for appointment from another office, administrative unit or other eligible workplace or organisation.

5.3 Which Internal Committee Should a Woman Bank Employee Approach?

Section 4 of the POSH Act requires Internal Committees to be constituted at the relevant offices or administrative units where an organisation operates at different locations or at divisional or sub-divisional levels.

Banks operate through branches and administrative offices, including Regional, Circle, Zonal and Head Offices. Employees should identify the appropriate Internal Committee under their bank’s current POSH policy and constitution orders. The bank’s arrangements for handling complaints must remain consistent with the statutory requirements.

For example:

• A complaint involving an employee posted at a branch may fall within the jurisdiction of the committee at the concerned administrative office.
• A complaint involving a senior officer may be assigned to a committee at a higher administrative level.
• A complaint involving an employee posted at Head Office may be handled by the committee designated for that office.

These are illustrative arrangements. The actual jurisdiction must be determined from the concerned bank’s current POSH policy.

What should an employee do?

1. Check the bank’s current POSH policy, available through its official website, intranet or HR department.
2. Identify the committee designated to handle complaints involving the concerned office or respondent.
3. Obtain the names and official contact details of the committee members.
4. Submit the complaint to the appropriate committee within the prescribed time limit.

A woman employee should not have to depend solely on her immediate reporting officer to identify the appropriate complaint authority.

5.4 How Can an Employee Find the Committee’s Contact Details?

Employees can look for the committee’s details through:

• The bank’s official POSH policy or circular.
• The Internal Committee constitution order.
• Information displayed at the workplace.
• The bank’s intranet or employee portal.
• The designated HR or POSH contact.

Under Section 19 of the POSH Act, employers are required to display information about the constitution of the Internal Committee and the consequences of sexual harassment at a conspicuous place in the workplace.

5.5 What if the Complaint Is Against a Senior Officer?

A POSH complaint may concern a colleague, reporting officer, senior officer or another person exercising administrative authority.

The respondent’s seniority does not prevent a complaint from being filed.

For example, a woman employee posted at a branch may wish to complain about alleged misconduct by a senior officer from a Regional, Circle or Zonal Office.

In such a situation, she should identify the appropriate committee under her bank’s POSH policy and submit the complaint through the prescribed channel.

Where the policy assigns complaints involving particular cadres or senior positions to a higher-level committee, that arrangement should be followed.

The important consideration is that the complaint receives a fair and impartial examination, irrespective of the respondent’s designation.

5.6 What if the Committee Is Not Properly Constituted?

The Internal Committee must comply with the statutory requirements.

Concerns may arise where:

• The committee has no external member.
• The Presiding Officer does not meet the statutory requirements.
• The required proportion of women members is not maintained.
• The committee’s prescribed tenure has expired without proper reconstitution.
• A committee member has a conflict of interest that raises genuine concerns about impartiality.

A complainant may request clarification of the committee’s constitution and raise identified deficiencies with the appropriate authority.

An improperly constituted committee may create procedural difficulties and affect the validity of its proceedings, depending on the nature of the defect and applicable law.

5.7 Can the Internal Committee Be Influenced by Senior Management?

Although the employer constitutes the Internal Committee, the inquiry must be conducted fairly and in accordance with the POSH Act.

Concerns about improper influence may arise particularly where the complaint involves an officer holding substantial administrative authority.

If the complainant has specific reasons to question the impartiality of a committee member, she should record those concerns and raise them through an appropriate official channel.

For example, a committee member’s direct involvement in the events complained of, or a material conflict of interest, may justify requesting that the concern be examined.

However, the mere fact that the respondent is a senior officer does not automatically establish bias.

Neither the complainant’s position nor the respondent’s seniority should influence the committee’s findings.

5.8 What if the Employee Cannot Identify the Appropriate Committee?

An employee should not abandon a complaint merely because she is unsure which Internal Committee has jurisdiction.

She can request the relevant details through the bank’s designated HR or POSH contact, consult its published policy or use the Government’s SHe-Box portal for online complaint submission and routing.

Official SHe-Box portal: https://shebox.wcd.gov.in/

SHe-Box facilitates online complaint submission and tracking. It does not replace the statutory inquiry responsibilities of the appropriate Internal or Local Committee.

Bank POSH policies and Internal Committee compositions may change periodically. Employees should refer to the latest policy and committee constitution order available on their bank’s intranet, HR portal or designated official channel, rather than relying on older circulars.

The complaint-filing procedure, applicable time limits and available assistance are explained in the next section.

5.9 What Is a Local Committee?

Apart from an employer’s Internal Committee, the POSH Act provides for a district-level Local Committee (LC) constituted through a District Officer notified by the government.

This mechanism primarily covers establishments with fewer than ten workers where an Internal Committee has not been constituted, and complaints against the employer.

A complaint against a senior officer does not automatically require approaching the Local Committee. The appropriate forum depends on the statutory provisions and the circumstances of the complaint.

A woman bank employee who experiences workplace sexual harassment can submit a written complaint to the appropriate Internal Committee (IC) constituted under her bank’s POSH policy.

The complaint need not be written in complicated legal language. What matters is that it clearly describes the alleged incidents and provides sufficient information for the committee to examine them.

6.1 Where Should the Complaint Be Submitted?

The complaint should be addressed to the Presiding Officer or designated member of the appropriate Internal Committee, as identified under the bank’s POSH policy.

Depending on the bank’s arrangements, complaints may be submitted:

• In writing, through the designated official channel.
• By official email, where the committee accepts electronic complaints.
• Through the bank’s prescribed POSH complaint mechanism, if available.

6.2 What Is the Time Limit for Filing a Complaint?

Section 9 of the POSH Act prescribes the following time limits:

An extension is not automatic. The committee must be satisfied that circumstances prevented the woman from filing within the original period and must record its reasons in writing.

Example: If the last incident in a series occurred on 10 January, the normal complaint period would run until approximately 10 April. If circumstances prevented timely filing, the employee may request an extension, explaining the reasons for the delay.

6.3 What Should Be Included in the Complaint?

A clear, factual complaint should ordinarily contain:

1. Complainant’s details: Name, designation, office or branch, and contact details.
2. Respondent’s details: Name, designation and office, as far as known.
3. Description of incidents: What happened, when and where it occurred, and the nature of the unwelcome conduct.
4. Sequence of events: Details of repeated incidents, if any, preferably in chronological order.
5. Supporting material: Relevant messages, emails, documents or other evidence.
6. Witnesses: Names and available details of persons who may have witnessed the incident or possess relevant information.
7. Impact and concerns: Any relevant effect on the employee’s working conditions, or concerns about continuing contact, pressure or retaliation.
8. Relief requested: Any immediate workplace protection or other action sought.

The employee should distinguish between what she personally experienced, what she directly witnessed and information received from others.

A complaint should be truthful, specific and as accurate as possible. If an exact date or time is not remembered, an approximate period can be mentioned rather than inventing details.

6.4 What Documents or Evidence Can Be Submitted?

Depending on the circumstances, relevant evidence may include:

• Official emails, messages, WhatsApp conversations or other communications.
• Call records or screenshots showing relevant contact or communications.
• Relevant duty rosters, tour programmes, meeting schedules or attendance records.
• Names of employees or other persons who witnessed the incident or relevant events.
• Earlier written objections, complaints or requests for assistance.
• Relevant records of changes in work assignments, performance assessments or other workplace actions connected with the allegations.

Where relevant records are held by the bank, the complainant may identify them in the complaint and request the Internal Committee to arrange their preservation or production through authorised channels. These may include official correspondence, attendance records, duty rosters, tour programmes or other relevant workplace records.

Under Section 11(3) of the POSH Act, the committee has specified powers concerning the discovery and production of documents during an inquiry.

6.5 What if the Woman Cannot Prepare a Written Complaint?

The POSH Act expressly provides assistance to women who cannot make a complaint in writing.

The Presiding Officer or a member of the appropriate committee must provide reasonable assistance in preparing the written complaint.

A woman employee should therefore not be discouraged from approaching the committee merely because she is uncomfortable drafting a formal complaint or is unsure how to describe the events.

6.6 Can Someone Else File the Complaint on Her Behalf?

Section 9(2) of the Act and Rule 6 provide for complaints by specified persons where the aggrieved woman cannot make the complaint because of physical incapacity, mental incapacity, death or other prescribed circumstances.

Depending on the situation, an eligible relative, friend, co-worker or another prescribed person may submit the complaint, subject to the applicable consent requirements.

A colleague cannot ordinarily substitute their own complaint for that of a woman who is capable of filing it herself merely because they believe she has been harassed.

A person who witnesses inappropriate conduct may nevertheless provide relevant information or evidence through appropriate channels.

6.7 What Happens Immediately After the Complaint Is Submitted?

After receiving the complaint, the committee examines it under the applicable statutory procedure and service rules.

Under Rule 7, the prescribed procedure includes forwarding a copy of the complaint to the respondent within seven working days and allowing the respondent to submit a reply with supporting material within ten working days of receiving the relevant documents.

The committee may then proceed in accordance with the POSH Act, applicable service rules and principles of natural justice.

The detailed stages of conciliation, inquiry, evidence, findings and recommendations are explained in the following sections.

6.8 What if the Employee Fears Pressure or Retaliation?

A woman employee may hesitate to complain because the respondent controls her work allocation, reporting, appraisal or administrative matters.

She may describe these concerns in her complaint and request appropriate protection or interim measures.

The POSH Act provides for specified relief during the pendency of an inquiry, including certain transfer and leave-related measures.

An employee need not wait until the inquiry is completed to bring genuine concerns about her immediate working conditions to the committee’s attention.

The available protections and the procedure for seeking them are discussed separately in the sections on retaliation and interim relief.

6.9 Can a Complaint Be Filed Through SHe-Box?

Yes. The Government of India’s SHe-Box portal provides an online mechanism for submitting workplace sexual-harassment complaints and facilitating their routing and tracking.

Official portal: https://shebox.wcd.gov.in/

For a woman bank employee who knows the appropriate Internal Committee and its official contact details, direct submission under the bank’s POSH policy will ordinarily be the most straightforward route.

SHe-Box provides an additional route, particularly where the employee needs an online complaint-submission mechanism.

After a woman bank employee submits a complaint to the appropriate Internal Committee, the committee examines it under the POSH Act and applicable service rules. Conciliation is possible only at the complainant’s request; otherwise the committee proceeds to an inquiry.

7.1 What Happens When the Committee Receives the Complaint?

The committee provides the respondent an opportunity to respond, considers conciliation if requested, examines statements and evidence, and records findings and recommendations. Allegations cannot be treated as established merely because a complaint has been filed.

7.2 What Is Conciliation? Is It Compulsory?

Under Section 10, conciliation may take place only at the aggrieved woman’s request and before inquiry. It cannot be compelled; monetary settlement cannot form its basis. A settlement must be recorded and shared with both parties. Where settlement is reached, no further inquiry is ordinarily conducted into that complaint.

7.3 What if the Respondent Does Not Follow the Conciliation Terms?

Non-compliance with recorded settlement terms may be reported to the IC, which proceeds with inquiry under Section 11 as applicable.

7.4 How Is a Formal Inquiry Conducted?

The IC considers written explanations, emails, messages, official records, witnesses and other relevant evidence, taking applicable bank service rules into account. Both parties must have a fair opportunity to present their cases.

7.5 Will the Complainant and Respondent Have to Face Each Other?

The committee may use separate hearings or other suitable arrangements consistent with fairness. Fair opportunity does not necessarily require unnecessary direct confrontation.

7.6 What if the Respondent Denies the Allegations?

Neither denial nor complaint alone determines the result. The committee evaluates the available statements, surrounding circumstances and evidence; absence of an eyewitness is not decisive.

7.7 What if a Party or Witness Does Not Cooperate?

Section 11(3) gives specified powers concerning attendance and production of documents. Consequences of non-cooperation depend on applicable rules and procedural safeguards.

7.8 How Long Can the Inquiry Take?

The report must be made available to the concerned parties.

7.9 What Happens After the Inquiry Is Completed?

If allegations are established, the IC recommends action under law and service rules. If not established, it recommends no action on those allegations. The employer must act on recommendations in accordance with law.

A woman employee must be able to participate meaningfully in an inquiry, particularly where the respondent has reporting or administrative authority.

8.1 Right to a Fair and Impartial Inquiry

The IC must consider relevant evidence, allow the complainant to present her case, avoid prejudgment, and decide on the material examined rather than the status or reputation of either party.

8.2 Right to Present Evidence and Identify Witnesses

The complainant may provide relevant communications and records and identify witnesses. For bank-held records, she may request production through authorised channels. Lack of eyewitness or recording does not automatically invalidate a complaint.

8.3 Right to Be Heard and Respond to Relevant Material

She should have a reasonable opportunity to explain incidents, clarify disputed facts, respond to relevant material and request examination of important witnesses or documents.

8.4 Right to Raise Concerns About the Inquiry Procedure

Identifiable issues such as conflict of interest, ignored evidence or denial of a fair opportunity may be raised in writing. Mere disagreement with a question or decision does not itself prove bias.

8.5 Right to Request Suitable Hearing Arrangements

Genuine concerns about direct interaction or intimidation can be raised with the IC, which should consider arrangements compatible with a fair hearing for both parties.

8.6 Right to Seek Assistance During the Proceedings

The complainant can seek procedural clarification. Legal practitioners are not permitted to represent parties before the IC under the POSH Rules, though independent external legal advice is not thereby prohibited.

8.7 Right to Know the Outcome of the Inquiry

Section 13 requires the report to be made available to concerned parties. The employer must act within the prescribed timeline. Appeals and remedies are dealt with in Section 14.

8.8 What if the Complainant Believes Her Rights Are Being Denied?

Raise specific procedural concerns promptly in writing, retaining communications. Request consideration of overlooked witnesses or material documents.

Pressure or retaliation can undermine an inquiry, particularly where the respondent influences appraisals, postings, leave or work allocation.

9.1 What Is Retaliation in a POSH Complaint?

Examples may include complaint-linked threats, adverse appraisals, unfavourable transfers, isolation, pressure to withdraw, influencing witnesses or obstruction of participation. The purpose and circumstances matter.

9.2 What if the Respondent Is Her Reporting Officer?

The complainant should explain specific risks in continued reporting arrangements and request appropriate protection, including consideration of alternative performance reporting.

9.3 What if She Is Pressured to Withdraw the Complaint?

Record dates and people involved, preserve lawful evidence, inform the IC in writing and seek suitable measures. Informal pressure is not a substitute for voluntary statutory conciliation.

9.4 What if She Receives an Adverse Transfer, Appraisal or Administrative Order?

An adverse decision is not automatically retaliation. Examine timing, threats, departures from procedure and the decision-maker’s involvement. Raise suspected retaliation with the IC and use applicable service remedies.

9.5 What if Colleagues Are Pressured Not to Support Her?

Report specific attempts to influence witnesses. Witnesses should provide truthful information rather than support either party through fear or loyalty.

9.6 What if the Pressure Comes from Someone Other Than the Respondent?

Identify and report pressure by colleagues or other officers; where threats or coercion may violate other laws, additional remedies may apply.

9.7 What if Retaliation Continues After the Inquiry?

Preserve records and consider bank grievance and service-law remedies. Fresh sexual harassment incidents may require separate examination.

9.8 What Should a Woman Employee Do if She Suspects Retaliation?

1. Record the relevant facts and dates.
2. Preserve evidence lawfully.
3. Identify the suspected connection with the complaint.
4. Inform the Internal Committee.
5. Request suitable protection.
6. Use appropriate service remedies.

Witnesses can assist the IC, but many incidents occur privately. An independent eyewitness is not required in every case.

10.1 Who Can Be a Witness in a POSH Inquiry?

Employees, customers, service providers or others who directly observed incidents or know relevant surrounding circumstances, disclosures, communications or official decisions.

10.2 What Information Can a Witness Provide?

A witness should distinguish personal observation from information received from another person. Both may be relevant, with different evidentiary weight.

10.3 Is an Eyewitness Necessary to Establish Sexual Harassment?

No. The IC can assess statements, communications and circumstances without assuming that lack of an eyewitness defeats the complaint.

10.4 Can the Internal Committee Call Witnesses?

Section 11(3) provides specified civil-court-like powers to summon persons and require relevant documents.

10.5 What if a Witness Is Reluctant to Give a Statement?

A witness can raise confidentiality or pressure concerns. Fair hearing rights mean their identity or material evidence cannot always be withheld from the parties.

10.6 What if Someone Pressures a Witness to Change Their Statement?

Document and report threats, favours, concealment instructions or attempts to alter truthful evidence. Witnesses must not be pressured to support either side.

10.7 Are Witnesses Protected Against Retaliation?

Improper pressure should be reported through the IC, HR or staff grievance channels. The POSH Act does not create a comprehensive stand-alone witness protection programme.

10.8 Can a Witness Discuss the Inquiry With Other Employees?

Section 16 imposes confidentiality restrictions concerning identities and proceedings. Witnesses should avoid unnecessary disclosure while cooperating with the IC and lawful requirements.

10.9 What if a Witness Later Realises Their Statement Was Incorrect?

Promptly clarify honest errors or incomplete recollection; do not invent details to make an account seem stronger.

The POSH Act provides temporary protection during inquiry; interim relief does not establish the respondent’s guilt.

11.1 What Interim Relief Is Available Under the POSH Act?

Under Section 12, on the aggrieved woman’s written request, the IC may recommend transfer of either party, up to three months’ additional leave, or prescribed relief. The employer must implement the recommendation and report compliance.

11.2 Can the Complainant Request Transfer of the Respondent Instead of Herself?

Yes. The Act allows recommendation of transfer of either party; neither has an unconditional right to dictate the other’s posting.

11.3 Can the Reporting Arrangements Be Changed During the Inquiry?

Rule 8 provides measures including restraining the respondent from reporting on the complainant’s work performance or writing her confidential report and assigning that duty to another officer.

11.4 Can Leave Be Granted During the Inquiry?

The IC may recommend up to three months’ leave in addition to ordinary entitlement. Leave is not mandatory or always preferable.

11.5 Can a Woman Employee Be Forced to Leave Her Branch?

A complaint does not automatically require the complainant to move, nor does it bar all legitimate transfers. Retaliatory measures must be distinguished from genuine administrative decisions.

11.6 What if the Respondent Is a Senior Officer?

Seniority should not prevent consideration of a written request for transfer-related or reporting-related interim protection.

11.7 What if the Bank Does Not Implement the Committee’s Recommendation?

Raise non-implementation with the IC and competent authority. The statutory duty arises from the committee’s recommendation, not merely the employee’s request.

11.8 Does Interim Relief Mean the Respondent Is Guilty?

No. Interim measures are intended to protect the complainant and facilitate a fair inquiry. They are not a finding of guilt or a disciplinary punishment.

Such arrangements should be proportionate to the circumstances, avoid unnecessary hardship to the complainant and preserve the respondent’s right to a fair inquiry.

A complaint of workplace sexual harassment involves sensitive personal and professional information. The POSH Act places specific restrictions on disclosure of complaint details, the identities of persons involved and the proceedings of the Internal Committee (IC).

Confidentiality protects the integrity of the inquiry and the privacy of the parties and witnesses. It must also be balanced with the requirement to provide a fair opportunity to respond to allegations.

12.1 What Information Must Be Kept Confidential?

Section 16 of the POSH Act restricts publication, communication or disclosure to the public, press and media of information relating to:

• The contents of the complaint.
• The identity and addresses of the complainant, respondent and witnesses.
• Information relating to conciliation and inquiry proceedings.
• The recommendations of the Internal Committee.
• Action taken by the employer under the Act.

These restrictions apply notwithstanding the provisions of the Right to Information Act, 2005.

12.2 Who Can Access Information About the Complaint?

Confidentiality does not mean that all information must remain inaccessible to everyone except the complainant.

Information may need to be shared, to the extent necessary for the lawful process, with:

• Members of the appropriate Internal Committee.
• The respondent, so that the allegations can be answered fairly.
• Witnesses, where relevant information is required from them.
• Authorised bank officials responsible for implementing the committee’s recommendations.
• Courts, tribunals or other competent authorities where disclosure is legally required.

Such access should be limited to legitimate purposes connected with the complaint, inquiry, implementation of recommendations or applicable legal proceedings.

12.3 Can the Respondent Receive a Copy of the Complaint?

Yes. The respondent must be informed of the allegations and provided a fair opportunity to respond in accordance with the prescribed procedure.

Providing the complaint to the respondent for this purpose does not authorise unrestricted circulation of its contents.

12.4 Can the Complainant Discuss the Matter With Colleagues?

A complainant should avoid unnecessary circulation of complaint details through workplace groups, mass emails, social media or informal discussions.

At the same time, confidentiality should not be interpreted as preventing a woman from seeking legitimate legal, medical or other appropriate support, subject to applicable legal requirements.

Where assistance is needed, the employee should use appropriate and discreet channels rather than publicly circulate allegations or inquiry records.

12.5 What if Details of the Complaint Spread Within the Branch?

Unauthorised discussion of a POSH complaint within a branch or administrative office can cause embarrassment, pressure and difficulty for the persons involved.

If confidential information appears to have been disclosed improperly, the affected employee may:

1. Record what information was disclosed and when it came to her attention.
2. Preserve relevant messages, emails or other available evidence lawfully.
3. Inform the Internal Committee or appropriate authority in writing.
4. Request suitable steps to prevent further unauthorised disclosure.

Rumours alone may not establish who disclosed the information. Any allegation of a confidentiality breach should be examined on the available facts.

12.6 Can the Bank Disclose the Findings to Other Employees?

Authorised officials may require information about the inquiry outcome to implement disciplinary or administrative action.

However, the inquiry report, witness statements and complaint details should not be circulated among employees who have no official role in the matter.

Implementing an official recommendation is different from publicly disclosing confidential inquiry material.

12.7 What Are the Consequences of Breaching Confidentiality?

Section 17 of the POSH Act provides for action where a person entrusted with the duty of handling or dealing with the complaint, inquiry or recommendations contravenes Section 16.

Action may be taken in accordance with the applicable service rules or, where no such rules exist, in the prescribed manner.

The consequences depend on the person’s role, the nature of the disclosure and the applicable legal and service framework.

12.8 Does Confidentiality Continue After the Inquiry?

Yes. Completion of the inquiry does not automatically permit unrestricted circulation of the complaint, evidence, findings or identifying particulars.

Where the matter proceeds before a court, tribunal or other competent authority, disclosure must follow the applicable legal procedure and any relevant orders.

12.9 How Should POSH Records Be Handled?

Banks should handle POSH complaints, evidence, inquiry reports and related correspondence through appropriate official record-management arrangements.

Access should be restricted to authorised persons who require the information for legitimate official purposes.

Employees handling such records should avoid unnecessary forwarding, copying or storage through personal or unauthorised channels.

Retention, access and disposal of records should follow the applicable legal requirements and the bank’s prescribed policies.

After completing the inquiry, the Internal Committee (IC) records its findings and makes recommendations in accordance with the POSH Act and applicable service rules.

The outcome depends on the evidence examined during the inquiry. Filing a complaint does not establish misconduct, and an allegation that cannot be proved is not automatically false or malicious.

13.1 What Does the Internal Committee’s Inquiry Report Contain?

The report should set out the allegations examined, the relevant evidence, the committee’s findings and its recommendations.

Under Section 13(1), the report must be submitted to the employer within ten days of completion of the inquiry and made available to the concerned parties.

13.2 What Happens if the Allegations Are Not Proved?

Under Section 13(2), where the committee concludes that the allegations have not been proved, it recommends that no action is required against the respondent in the matter.

A complaint may remain unproved because the available evidence is insufficient. This does not, by itself, establish that the complainant acted dishonestly or maliciously.

13.3 What Happens if the Allegations Are Proved?

Under Section 13(3), where the committee concludes that the allegations have been proved, it recommends action for sexual harassment as misconduct in accordance with the service rules applicable to the respondent.

For bank employees, the applicable conduct and disciplinary rules are therefore important in determining the action that follows an established finding.

13.4 What Disciplinary Action Can Be Taken Against a Bank Employee?

Depending on the seriousness of the established misconduct and the applicable service rules, disciplinary consequences may range from a lesser penalty to major penalties, potentially including removal or dismissal.

The appropriate action depends on the findings, the applicable disciplinary framework and the requirements of a fair procedure.

The Internal Committee’s recommendation and the bank’s implementation of disciplinary action must be understood as related but distinct stages.

13.5 Can the Complainant Receive Monetary Compensation?

Yes. Section 13(3)(ii) permits the committee, where the allegation is proved, to recommend deduction of an appropriate amount from the respondent’s salary or wages for payment to the aggrieved woman or her legal heirs.

Section 15 requires the committee to consider relevant factors when determining the amount, including:

• Mental trauma, pain, suffering and emotional distress.
• Loss of career opportunities due to the incident.
• Medical expenses for physical or psychiatric treatment.
• The respondent’s income and financial status.
• Whether payment is feasible in a lump sum or instalments.

Compensation is not automatic in every complaint. The amount, where recommended, must be determined according to the statutory considerations.

13.6 What if the Respondent Has Left the Bank?

Leaving employment does not, by itself, remove the statutory provisions relating to recovery of compensation recommended under Section 13.

Where salary deduction is not possible because the respondent is absent from duty or employment has ceased, the Act provides for directing the respondent to pay the amount. It also provides a recovery mechanism where such payment is not made.

Questions concerning the continuation of disciplinary proceedings after cessation of service must be examined separately under the applicable service rules and law.

13.7 How Long Does the Bank Have to Act on the Recommendations?

The bank should ensure that the recommendations are processed by the competent authority in accordance with the applicable legal and service framework.

13.8 What if Either Party Disagrees With the Findings?

Both the complainant and respondent may have grounds to challenge the recommendations or their non-implementation under Section 18.

The appropriate appellate forum and procedure depend on the governing service rules and applicable law. The statutory appeal period is ordinarily ninety days.

The available remedies and escalation process are explained in the next section.

The POSH Act provides an appeal mechanism for persons aggrieved by specified recommendations of the Internal Committee or their non-implementation.

For bank employees, the appropriate appellate forum and procedure must be identified with reference to Section 18 of the POSH Act, the applicable service rules and other relevant legal provisions.

14.1 Who Can Appeal Against a POSH Inquiry Outcome?

Both the complainant and the respondent may have a right to appeal, depending on the recommendation being challenged.

Section 18 covers specified recommendations relating to findings under Section 13, false or malicious complaints and false evidence under Section 14, confidentiality violations under Section 17, and non-implementation of the relevant recommendations.

The right of appeal is therefore not restricted to a respondent against whom misconduct has been established.

14.2 Can the Complainant Appeal if Her Complaint Is Not Proved?

Yes. Where the committee recommends that no action is required because the allegation has not been proved, an aggrieved complainant may pursue an appeal under Section 18.

An appeal should identify the specific grounds for challenging the recommendation, such as material evidence allegedly overlooked, significant procedural irregularities or findings said to be inconsistent with the inquiry record.

Merely disagreeing with the outcome does not, by itself, establish that the inquiry was unfair.

14.3 Can the Respondent Challenge an Adverse Finding?

Yes. A respondent aggrieved by a recommendation made under the provisions covered by Section 18 may pursue the applicable appeal remedy.

Grounds may include alleged procedural unfairness, denial of a reasonable opportunity to respond, or findings said to be unsupported by the evidence.

The availability of any separate disciplinary appeal against a penalty imposed by the bank must also be examined under the governing service rules.

14.4 What Is the Time Limit for Filing an Appeal?

An employee considering an appeal should obtain the inquiry report and relevant recommendation promptly and verify the applicable filing procedure.

The statutory appeal period should not be confused with a separate time limit that may apply to a disciplinary or service-related appeal.

14.5 Where Should a Bank Employee File the Appeal?

Section 18 provides for an appeal to the appropriate court or tribunal in accordance with the service rules applicable to the person concerned.

Where no such service rules exist, the prescribed appeal procedure applies, subject to the provisions of other applicable laws.

The correct forum cannot be assumed to be identical for every bank or every category of employee. Officers, award staff and employees governed by different service frameworks may need to examine different provisions.

In public sector banks, officers are generally governed by the applicable Officers’ Service Regulations and Discipline and Appeal Regulations. Award staff are generally governed by applicable bipartite settlements, service conditions and labour laws.

These different service frameworks may affect the available remedies and procedures. An appeal against an Internal Committee’s recommendation under Section 18 of the POSH Act must be distinguished from an appeal against a disciplinary penalty imposed by the bank.

14.6 What if the Bank Does Not Implement the Internal Committee’s Recommendations?

Section 18 expressly provides an appeal remedy concerning non-implementation of the recommendations specified in that provision.

If the bank fails to act within the applicable statutory period, the affected person may seek clarification from the competent authority and examine the appropriate legal remedy.

A written record of the recommendation, its communication to the employer and subsequent correspondence may be important.

14.7 Can Procedural Irregularities Be Challenged?

Serious procedural deficiencies may be relevant when challenging an inquiry outcome.

Examples include:

• Improper constitution of the Internal Committee.
• A material conflict of interest affecting the fairness of the proceedings.
• Denial of a reasonable opportunity to present or respond to relevant evidence.
• Failure to consider material documents or important evidence.
• Findings that are alleged to be unsupported by the inquiry record.

Whether an irregularity justifies interference with the outcome depends on its nature, seriousness and applicable law.

14.8 Is a POSH Appeal the Same as a Bank Service Appeal?

Not necessarily.

A statutory appeal under Section 18 concerns the recommendations and non-implementation specified in that section.

A separate service appeal may concern a disciplinary penalty, transfer, appraisal or another administrative decision under the bank’s applicable rules.

These remedies may interact, but their scope, competent authority and time limits must be examined separately.

14.9 What Should an Employee Do Before Filing an Appeal?

The employee should identify the recommendation being challenged, the applicable appeal provision, the correct forum and the filing deadline.

Relevant documents may include the inquiry report, recommendation, material correspondence and records supporting the grounds of challenge, subject to confidentiality requirements.

Where the applicable forum or procedure is uncertain, obtaining independent legal advice may help avoid filing before the wrong authority or missing a statutory deadline.

SHe-Box (Sexual Harassment Electronic Box) is an online portal developed by the Ministry of Women and Child Development, Government of India, to facilitate the submission and monitoring of workplace sexual harassment complaints.

The portal provides a centralised platform connecting complainants with the appropriate Internal Committee (IC) or Local Committee (LC) under the POSH Act, 2013.

15.1 What Is the Purpose of SHe-Box?

SHe-Box was introduced to improve access to workplace sexual harassment complaint mechanisms and strengthen monitoring of complaints under the POSH Act.

Its principal functions include:

• Providing an online channel for filing complaints.
• Routing complaints to the concerned IC or LC.
• Allowing complainants to track complaint status.
• Maintaining information about registered workplace committees.
• Supporting monitoring by designated government authorities.

15.2 Can Women Bank Employees Use SHe-Box?

Yes. The portal covers workplaces in both the public and private sectors.

Women employees of public sector banks, private sector banks and other banking establishments may use the portal for workplace sexual harassment complaints.

The availability of SHe-Box does not remove the responsibility of banks to maintain properly constituted Internal Committees and follow the statutory inquiry procedure.

15.3 How Can a Complaint Be Filed Through SHe-Box?

A woman wishing to use SHe-Box can follow the complaint submission process available on the official portal.

1. Visit the official SHe-Box website.
2. Select the complaint registration option.
3. Complete the required registration or verification steps displayed by the portal.
4. Provide the workplace and complaint details requested in the online form.
5. Submit the complaint and retain the acknowledgement or reference details.
6. Use the available tracking facility to monitor subsequent updates.

The precise screens, verification requirements and available options may change as the government updates the portal.

15.4 What Happens After a Complaint Is Submitted?

The portal is designed to route the complaint to the Internal Committee of the concerned workplace or the appropriate district-level Local Committee, as applicable.

The receiving committee remains responsible for dealing with the complaint under the POSH Act and applicable procedure.

15.5 What if the Bank or Its Internal Committee Is Not Listed on SHe-Box?

The government has provided a mechanism for obtaining workplace details where the relevant Internal Committee has not been registered on the portal.

Such information may be brought to the attention of the designated State and District Nodal Officers to facilitate registration of the committee.

A woman employee should not assume that the absence of her bank or committee from the portal means that she has no complaint remedy.

She may also identify and approach the appropriate Internal Committee through the bank’s official POSH policy and designated complaint channels.

15.6 Are Complaints Filed Through SHe-Box Confidential?

The government states that SHe-Box incorporates confidentiality safeguards and restricts access to complaint information.

However, confidentiality does not mean that the complainant’s identity or the allegations will remain unknown to every person involved in the statutory inquiry.

The appropriate committee must be able to examine the complaint, and the respondent must receive a fair opportunity to answer the allegations.

15.7 Does Filing Through SHe-Box Change the Statutory Time Limits?

No. The statutory requirements concerning complaint filing and inquiry continue to apply.

The ordinary complaint filing period is three months from the incident or last incident in a series, subject to the extension permitted under the Act.

The statutory period for completing the inquiry is 90 days.

An employee should therefore avoid delaying a complaint merely because she is uncertain about the portal’s registration or routing arrangements.

15.8 Should a Bank Employee Approach the IC or Use SHe-Box?

For bank employees, the Internal Committee designated under the bank’s current POSH policy will ordinarily be the appropriate forum for examining the complaint.

SHe-Box provides an additional online mechanism for submitting and tracking complaints.

Where the appropriate committee and its official complaint channel are known, the employee may use that mechanism directly.

Where she prefers online submission or has difficulty identifying the committee, SHe-Box may provide a useful alternative.

15.9 What Records Should Be Retained?

After submitting a complaint through SHe-Box, the complainant should retain the available acknowledgement, reference details and relevant correspondence.

Supporting documents and evidence should be preserved lawfully and handled in accordance with applicable confidentiality requirements.

The POSH Act does not place responsibility solely on the woman making a complaint or the Internal Committee examining it. Employers have statutory obligations to prevent workplace sexual harassment, establish an effective complaint mechanism and ensure that recommendations are acted upon.

For banks, these responsibilities involve the institution as an employer, its designated authorities and officials entrusted with implementing the POSH policy.

16.1 Is Every Bank Required to Constitute an Internal Committee?

Section 4 requires the employer to constitute an Internal Committee by a written order, in accordance with the statutory requirements.

Where an organisation has offices or administrative units at different places or at divisional or sub-divisional levels, Section 4 requires constitution of Internal Committees at those administrative units or offices.

Banks must therefore ensure that their committee structure complies with the Act and that employees can identify the appropriate committee for submitting complaints.

The statutory requirements concerning the Presiding Officer, employee members and external member must also be followed.

16.2 What Information Must the Bank Display or Communicate?

Section 19 requires employers to display at a conspicuous place in the workplace the penal consequences of sexual harassment and the order constituting the Internal Committee.

The POSH Rules also require employers to declare the names and contact details of Internal Committee members and widely disseminate an internal policy addressing prevention, prohibition and redressal.

For bank employees, this information should be readily accessible through the bank’s prescribed official channels.

16.3 What Does Providing a Safe Workplace Mean?

Under Section 19(a), the employer must provide a safe working environment, including safety from persons coming into contact at the workplace.

In banking, this responsibility is relevant not only to interactions among employees, but also to workplace contact with customers, contractors, vendors and other persons.

A bank should not dismiss a workplace safety concern merely because the person complained against is not its employee.

16.4 Are Awareness Programmes and Training Mandatory?

Yes. Section 19 requires employers to organise workshops and awareness programmes at regular intervals for employees and orientation programmes for Internal Committee members.

Rule 13 further addresses dissemination of the POSH policy, employee awareness, committee orientation and capacity building.

Such programmes should help employees understand prohibited conduct, complaint channels, confidentiality and the prescribed inquiry procedure.

16.5 What Assistance Must the Bank Provide to the Internal Committee?

The employer must provide necessary facilities for dealing with complaints and conducting inquiries.

Section 19 also requires assistance in securing the attendance of respondents and witnesses and making relevant information available to the committee.

For example, the committee may require access to relevant official correspondence, attendance records, reporting arrangements or other records connected with the allegations.

Such information must be handled through authorised channels, with appropriate confidentiality and procedural safeguards.

16.6 What if the Alleged Harasser Is a Customer or Outsider?

A bank may not have disciplinary authority over a customer, contractor or other outsider in the same manner as it does over its employees.

However, its statutory duty to provide a safe workplace remains relevant.

Section 19 also addresses assistance with criminal-law remedies and action involving perpetrators who are not employees, subject to the circumstances and the woman’s wishes where specified by the Act.

The bank should consider appropriate protective measures and its legal obligations rather than treating the matter as outside its responsibility.

Where the alleged conduct also constitutes a criminal offence, the bank may have obligations to assist with criminal-law remedies under Section 19 of the POSH Act. For incidents occurring on or after 1 July 2024, relevant provisions of the Bharatiya Nyaya Sanhita (BNS), 2023 may include Sections 74, 75, 78 and 79, depending on the allegations. For earlier incidents, the corresponding IPC provisions may apply.

16.7 Must the Bank Implement the Committee’s Recommendations?

The employer must act on recommendations under Section 13 within the prescribed period of 60 days from receipt.

Section 19 further requires the employer to treat sexual harassment as misconduct under the service rules and initiate action for such misconduct.

The bank must also monitor timely submission of reports by its Internal Committee.

16.8 Are Banks Required to Maintain Annual POSH Reporting?

Section 21 requires the Internal Committee to prepare an annual report and submit it to the employer and District Officer in the prescribed manner.

Section 22 requires the employer to include information concerning the number of cases filed and disposed of under the Act in its annual report. Where no annual report is required, the employer must intimate the relevant information to the District Officer.

The reporting obligations must be fulfilled while observing the confidentiality requirements of the POSH Act.

16.9 What Is the Responsibility of a Branch Manager?

A Branch Manager is not automatically the authority responsible for conducting a POSH inquiry involving branch staff. That responsibility belongs to the appropriate statutory committee.

However, a Branch Manager may have important responsibilities in facilitating compliance with the bank’s POSH policy.

These may include:

• Helping employees identify the bank’s designated complaint mechanism.
• Facilitating access to official POSH information and committee contact details.
• Cooperating with lawful requests from the Internal Committee.
• Taking appropriate workplace safety concerns seriously.
• Avoiding unauthorised circulation of complaint information.
• Implementing directions received from competent authorities within the scope of the manager’s powers.

Where interim protective arrangements are recommended by the Internal Committee, the Branch Manager or other designated authority should facilitate their implementation within the scope of their official powers, without treating the measures as a finding against either party.

16.10 What Are the Consequences of Non-Compliance?

Section 26 provides penalties for specified failures by an employer, including failure to constitute an Internal Committee, failure to take action under the specified statutory provisions, and other contraventions of the Act or Rules.

These are statutory consequences subject to the applicable legal process. The Act does not provide for an automatic fine against an individual Branch Manager merely because a complaint arises at the branch.

A professional workplace requires employees to respect personal boundaries, maintain appropriate conduct and exercise official authority responsibly.

All bank employees and supervisors should understand the POSH Act, maintain professional boundaries and distinguish legitimate workplace interactions from conduct that may amount to sexual harassment.

The law does not prohibit ordinary professional communication, supervision or disciplinary action. The nature of the conduct, its context and whether it involves unwelcome behaviour of a sexual nature are central considerations.

17.1 What Professional Boundaries Should Employees Maintain?

Employees should maintain respectful communication with colleagues, subordinates, supervisors, customers and other persons encountered in the course of employment.

Conduct that may create POSH concerns includes unwelcome sexual remarks, inappropriate physical contact, repeated unwanted personal attention, sexually suggestive messages or requests for sexual favours.

An employee should not assume that a colleague welcomes personal or sexual attention merely because the two have a friendly working relationship.

17.2 Can Friendly Conversations or Compliments Amount to Sexual Harassment?

Ordinary courtesy, professional appreciation and respectful workplace conversation do not, by themselves, constitute sexual harassment.

However, comments about a colleague’s body, repeated sexual jokes, unwanted advances or sexually suggestive remarks may raise concerns under the POSH Act.

Whether particular conduct amounts to sexual harassment depends on its nature, context and the surrounding circumstances.

Where a colleague indicates that particular personal attention is unwelcome, continuing that conduct may be significant.

17.3 What Precautions Are Relevant to WhatsApp, Email and Other Digital Communication?

Banking employees frequently communicate through official email, messaging applications, telephone calls and online meetings.

Work-related electronic communication may be relevant under the POSH Act even when it occurs outside normal office hours.

Employees should avoid:

• Sending sexually suggestive messages, photographs or videos.
• Repeatedly contacting a colleague for unwanted personal or sexual attention.
• Making inappropriate comments about appearance or private relationships.
• Using official communication channels to pursue unwelcome sexual advances.
• Assuming that messages sent outside office hours cannot be examined as workplace conduct.

The relevant question is not simply whether the message was sent from a personal device, but whether the conduct and circumstances bring it within the applicable law.

17.4 What Additional Responsibilities Do Supervisors Have?

Branch Managers, departmental heads and other supervising officers often exercise authority over work allocation, performance assessment, leave, postings and administrative matters.

Such authority must not be linked to requests for sexual favours or unwelcome sexual attention.

An implied promise of favourable treatment or threat of adverse treatment connected with sexual conduct may be relevant under Section 3(2) of the POSH Act.

17.5 Can a Supervisor Issue Warnings, Record Poor Performance or Recommend Disciplinary Action?

Yes. The POSH Act does not prevent legitimate supervision or the exercise of lawful administrative and disciplinary powers.

A supervisor may identify work deficiencies, issue procedural instructions, record performance concerns or recommend action under applicable service rules.

A disagreement concerning targets, work allocation, leave or performance does not automatically amount to sexual harassment.

However, legitimate authority cannot be used as a justification for unwelcome conduct of a sexual nature.

17.6 What Precautions Are Relevant During Official Tours, Training and Meetings?

Professional conduct standards remain relevant during official travel, training programmes, conferences, inspections and other work-related activities.

Being away from the branch or outside normal working hours does not automatically remove the workplace connection.

Employees and supervisors should maintain appropriate boundaries during travel, accommodation, social interactions and work-related meetings.

The circumstances of any alleged misconduct must be assessed under the statutory definition of workplace and the applicable facts.

17.7 What Should an Employee Do if a Colleague Expresses Discomfort About Personal Conduct?

If a colleague indicates that particular comments, messages, attention or physical interaction are unwelcome, the employee should respect that boundary.

Continuing the conduct, attempting to justify it through seniority or pressuring the colleague to accept it may aggravate the situation.

Where a formal complaint is made, the matter should be handled through the prescribed procedure rather than through pressure or informal confrontation.

17.8 What if a POSH Complaint Is Made Against an Employee?

A complaint must be examined fairly and does not establish guilt merely because it has been filed.

An employee against whom a complaint is made should:

• Cooperate with the appropriate Internal Committee.
• Respond to the allegations through the prescribed procedure.
• Preserve relevant documents and communications lawfully.
• Avoid contacting or pressuring the complainant or witnesses in an attempt to influence the proceedings.
• Maintain confidentiality and avoid discussing the complaint unnecessarily with colleagues.

The respondent is entitled to a fair inquiry and an opportunity to present relevant evidence.

The respondent’s procedural rights are discussed in the next section.

17.9 What Should Supervisors Do When They Become Aware of a Possible POSH Complaint?

A supervisor who becomes aware of alleged workplace sexual harassment should act within the responsibilities assigned under the bank’s POSH policy.

The employee concerned should be guided towards the appropriate complaint mechanism.

A supervisor should not attempt to replace the statutory inquiry with a personal investigation, informal settlement or pressure to withdraw the complaint.

Appropriate workplace safety concerns should be brought to the designated authority without prejudging the allegations.

A respondent is the person against whom a workplace sexual harassment complaint has been made.

The POSH Act provides a mechanism for examining complaints fairly. While the complainant is entitled to protection and a proper inquiry, the respondent must also receive a reasonable opportunity to answer the allegations.

Filing a complaint does not, by itself, establish that the respondent committed sexual harassment. The findings must follow examination of the available evidence and the applicable procedure.

18.1 Does the Respondent Have the Right to Know the Allegations?

Yes. The respondent must be informed of the allegations and provided the complaint and supporting documents in accordance with the prescribed procedure.

Under Rule 7 of the POSH Rules, 2013, a copy of the complaint and supporting documents is to be sent to the respondent within seven working days of receipt of the complaint.

Confidentiality does not mean that the allegations can be withheld from the person required to answer them.

18.2 Can the Respondent Submit a Written Reply and Evidence?

Yes. Rule 7 provides for the respondent to submit a written reply, together with supporting documents and details of witnesses, within ten working days of receiving the complaint documents.

The respondent should address the allegations specifically and provide relevant records through the committee’s prescribed procedure.

Depending on the allegations, relevant evidence may include official correspondence, messages, attendance records, work-related documents or witness information.

Evidence should be preserved lawfully. No employee should alter, destroy or fabricate records.

18.3 Is the Respondent Entitled to a Fair and Impartial Inquiry?

Yes. The inquiry must follow the applicable procedure and principles of natural justice.

Both parties must receive a fair opportunity to present their respective positions.

The Internal Committee must assess the evidence objectively rather than assume that either party’s account is necessarily correct.

18.4 Can the Respondent Question the Evidence Presented Against Them?

The respondent must have a fair opportunity to address material evidence relied upon against them.

The committee should conduct the examination of evidence consistently with natural justice and the applicable inquiry procedure.

This does not necessarily mean that the respondent has a right to personally confront or directly cross-examine the complainant.

Appropriate arrangements for putting relevant questions and testing disputed evidence must be determined within the lawful inquiry framework.

18.5 Can the Respondent Be Represented by a Lawyer?

Under Rule 7(6) of the POSH Rules, legal practitioners are not permitted to represent either party before the committee during inquiry proceedings.

This restriction applies to both the complainant and the respondent.

A respondent may seek independent legal advice outside the committee proceedings.

18.6 Can the Respondent Contact the Complainant or Witnesses During the Inquiry?

A respondent should not attempt to pressure, threaten, influence or intimidate the complainant or witnesses.

Where questions need to be raised or evidence requires clarification, the respondent should use the procedure prescribed by the committee.

Ordinary work-related contact, where necessary and permitted, should remain professional and consistent with any interim directions.

18.7 Must the Respondent Maintain Confidentiality?

Yes. The confidentiality requirements of the POSH Act apply to information concerning the complaint, parties, witnesses and inquiry.

The respondent should avoid circulating complaint documents, discussing allegations with uninvolved colleagues or publishing information concerning the proceedings.

Confidentiality obligations do not prevent disclosures lawfully required for the inquiry, legal advice or an authorised appeal.

18.8 What Happens if the Respondent Does Not Attend the Inquiry?

The respondent should attend hearings and comply with lawful directions issued by the Internal Committee.

Under Rule 7(5) of the POSH Rules, 2013, if either the complainant or respondent fails to attend three consecutive hearings without sufficient cause, the committee may terminate the inquiry proceedings or pass an ex parte decision, as applicable.

However, the committee must give the concerned party 15 days’ advance written notice before taking either action.

A respondent unable to attend for a genuine reason should promptly inform the committee and provide an explanation. Non-attendance does not automatically establish guilt.

18.9 What if the Allegations Are Not Proved?

Where the committee concludes that the allegations have not been proved, Section 13(2) requires a recommendation that no action be taken against the respondent in the matter.

Failure to prove an allegation does not automatically establish that the complaint was false or malicious.

The statutory provisions concerning false or malicious complaints are separate and are explained later in this guide.

18.10 Can the Respondent Appeal Against an Adverse Recommendation?

Yes. Section 18 provides an appeal remedy against specified recommendations and their non-implementation.

The statutory appeal period is 90 days, and the appropriate forum depends on the applicable service rules and legal framework.

A separate appeal against a disciplinary penalty imposed by the bank may also be governed by the relevant service rules.

The appeal process is explained in Section 14 of this guide.

18.11 What Should a Bank Employee Do After Receiving a POSH Complaint?

A respondent should take the complaint seriously and participate in the prescribed inquiry process.

• Read the allegations and supporting documents carefully.
• Submit a factual written reply within the applicable time limit.
• Preserve relevant records and identify supporting evidence or witnesses.
• Attend hearings and cooperate with the Internal Committee.
• Avoid influencing the complainant or witnesses.
• Maintain confidentiality throughout the proceedings.
• Use the prescribed appeal mechanism if aggrieved by an appealable outcome.

Indian courts have played an important role in establishing workplace protections against sexual harassment and explaining the responsibilities of employers and inquiry authorities.

The following Supreme Court judgments are particularly useful for understanding the principles relevant to banking workplaces.

19.1 Vishaka v. State of Rajasthan (1997)

Central issue: Protection against workplace sexual harassment in the absence of a specific statutory framework.

The Supreme Court recognised that workplace sexual harassment violates women’s fundamental rights to equality, dignity and the freedom to pursue employment.

It established the Vishaka Guidelines, requiring employers to prevent sexual harassment and provide appropriate complaint mechanisms.

These guidelines operated before the enactment of the POSH Act, 2013, which subsequently established the statutory framework.

Read the judgment — Supreme Court of India

19.2 Apparel Export Promotion Council v. A.K. Chopra (1999)

Central issue: Whether physical contact is essential for establishing workplace sexual harassment.

The case concerned allegations of sexual misconduct by a superior against a woman employee and the disciplinary consequences that followed.

The Supreme Court emphasised that inappropriate conduct of a sexual nature may constitute sexual harassment even without completed physical contact.

The Court also explained the limited scope of judicial interference with disciplinary findings reached through a lawful process.

Read the judgment — Supreme Court of India

19.3 Medha Kotwal Lele v. Union of India (2012)

Central issue: Failure by employers and public authorities to implement workplace sexual harassment protections effectively.

The Supreme Court examined deficiencies in the implementation of the Vishaka Guidelines.

It issued directions concerning complaint committees, service rules and institutional accountability.

The judgment reinforced that establishing a complaint mechanism on paper is insufficient without effective implementation.

Read the judgment — Supreme Court of India

19.4 Punjab and Sind Bank v. Durgesh Kuwar (2020)

Central issue: Alleged victimisation of a senior woman bank officer through transfer and deficiencies in the constitution of the complaints committee.

The case involved a Chief Manager of a public sector bank who had raised concerns about workplace sexual harassment and other alleged irregularities.

The Supreme Court examined the circumstances of her transfer, the bank’s treatment of her complaints and the constitution of its Internal Complaints Committee.

The Court found serious deficiencies, including the absence of the required independent member in the committee, and upheld the setting aside of the challenged transfer.

Read the Supreme Court judgment

19.5 Aureliano Fernandes v. State of Goa (2023)

Central issue: Procedural fairness in workplace sexual harassment inquiries and effective implementation of the POSH Act.

The Supreme Court examined procedural deficiencies in disciplinary proceedings arising from allegations of sexual harassment.

It emphasised the importance of following a fair inquiry procedure and ensuring that complaint committees operate in accordance with the law.

The Court also issued wider directions concerning proper constitution of committees, availability of committee information, training and awareness programmes.

Read the judgment — Supreme Court of India

19.6 What Do These Judgments Mean for Bank Employees?

Taken together, these decisions establish several practical principles:

• Workplace sexual harassment concerns dignity and fundamental rights.
• Physical contact is not essential for every form of sexual harassment.
• Banks must constitute complaint committees correctly and support effective inquiries.
• Administrative powers, including transfers, must not be exercised for retaliatory purposes.
• Inquiry findings must follow a fair procedure and examination of relevant evidence.

Judgments delivered before the POSH Act remain important for understanding its legal background. Current complaints, however, must be examined under the applicable statutory provisions, service rules and binding judicial decisions.

POSH disputes in banks can involve more than the original allegation of sexual harassment. Questions may arise concerning transfers, disciplinary action, committee jurisdiction, procedural fairness and the right to appeal.

The following cases illustrate how courts have examined these issues in actual banking disputes.

20.1 IDBI Bank — POSH Complaint and Subsequent Service Action

Case: IDBI Bank Ltd. v. Sharanjeet Kaur

Court: Delhi High Court, 24 August 2026; clarification dated 18 September 2026. Subsequent proceedings before the Supreme Court.

A woman bank officer raised allegations of workplace sexual harassment against a senior official. The dispute subsequently involved the handling of her complaint, transfers, alleged victimisation and cessation of employment under the bank’s service rules.

On 24 August 2026, the Delhi High Court upheld directions concerning reinstatement, back wages and a fresh inquiry by a properly constituted Internal Committee. It clarified that service rules remain applicable, but action taken during POSH proceedings must be genuine, independently justified and not retaliatory.

On 18 September 2026, the High Court clarified that the ₹5 lakh amount awarded earlier was treated as costs and had been waived.

Subsequent development: On 23 September 2026, the Supreme Court stayed the High Court’s impugned order until further orders in SLP(C) No. 32055/2026. The matter is therefore subject to further judicial proceedings.

Read the Delhi High Court judgment — 24 August 2026

Read the Delhi High Court clarification — 18 September 2026

Read the Supreme Court interim order — 23 September 2026

20.2 State Bank of India — Alleged Harassment During Travel in a Shared Autorickshaw

Case: Siddhesh Pradeep Satpute v. State Bank of India

Court: Bombay High Court, 16 June 2026.

An SBI employee faced allegations concerning an incident during travel in a shared autorickshaw while commuting to work.

The bank’s Internal Committee had examined the complaint and recommended action against the employee.

The Bombay High Court examined whether the incident occurred at a workplace within the meaning of the POSH Act.

The Court held that the shared autorickshaw, which had not been provided by either employer, did not constitute a workplace in the circumstances of the case.

It therefore set aside the committee’s order for lack of jurisdiction.

Importantly, the Court did not decide whether the alleged misconduct had actually occurred. That question was left open for appropriate proceedings under the law.

Read the Bombay High Court judgment

20.3 Union Bank of India — Right to a Fair Hearing in Appeal

Case: Hari Narayan v. Union Bank of India

Court: Allahabad High Court, Lucknow Bench, 16 September 2026.

A bank employee challenged an adverse Internal Committee recommendation and the subsequent rejection of his appeal.

The employee argued that the appellate authority had dismissed his appeal without providing an opportunity of hearing.

The High Court held that principles of natural justice applied to the appeal process, even though the relevant statutory provisions did not expressly prescribe a hearing procedure.

The Court set aside the appellate order and directed the authority to reconsider the appeal after providing an opportunity of hearing.

The Court did not, through that order, decide the underlying sexual harassment allegations in the employee’s favour.

Read the Allahabad High Court judgment

20.4 What Should Bank Employees Learn From These Cases?

These decisions highlight different responsibilities within the POSH framework:

• For complainants: Administrative action following a complaint may be examined for retaliation, depending on the circumstances.
• For respondents: An adverse recommendation may be challenged through the applicable appeal process, with procedural fairness remaining important.
• For Internal Committees: Jurisdiction, statutory procedure and fair examination of evidence must be addressed.
• For banks: Legitimate service-rule action must be distinguished from retaliatory treatment.
• For Branch Managers: Maintain proper official records, cooperate with authorised inquiries and avoid prejudging complaints.

20.5 Why Do the Facts of Each Case Matter?

A court’s decision depends on the facts, evidence, statutory provisions and legal issues before it.

A judgment setting aside an inquiry or disciplinary decision does not always mean that the underlying allegation was false.

Similarly, the existence of a POSH complaint does not automatically make every subsequent transfer, appraisal or disciplinary action unlawful.

The POSH Act protects women who report workplace sexual harassment. It also contains safeguards against deliberate misuse of the complaint mechanism.

Section 14 deals with malicious allegations, complaints made knowing them to be false, forged or misleading documents, and false evidence given by witnesses.

However, the Act makes an important distinction between a complaint that cannot be proved and one that is deliberately false or malicious.

21.1 Does an Unproved Complaint Mean It Was False?

No. A complaint may remain unproved because the available evidence is insufficient.

Workplace sexual harassment may occur without eyewitnesses, and the committee must assess the available evidence and surrounding circumstances.

Section 14 expressly provides that a mere inability to substantiate a complaint or provide adequate proof need not attract action against the complainant.

21.2 When Can Action Be Recommended Against a Complainant?

Under Section 14(1), the Internal Committee or Local Committee may recommend action where it concludes that:

• The allegation against the respondent was malicious.
• The complaint was made knowing it to be false.
• The complainant or another person making the complaint produced forged or misleading documents.

The statutory conditions must be established through the applicable procedure. A mere allegation by the respondent that the complaint was motivated or fabricated is not sufficient.

21.3 Must Malicious Intent Be Established Through an Inquiry?

Yes. Section 14 specifically requires malicious intent on the part of the complainant to be established after an inquiry conducted according to the prescribed procedure before action is recommended.

The committee must examine the relevant facts and evidence rather than presume malicious intent from the outcome of the original complaint.

A personal disagreement, strained working relationship or earlier administrative dispute does not, by itself, prove that a POSH complaint was malicious.

21.4 Can Action Be Taken Against a Witness for False Evidence?

Yes. Section 14(2) separately addresses false evidence given by witnesses.

Where the committee concludes that a witness gave false evidence or produced a forged or misleading document during the inquiry, it may recommend action under the applicable service rules or prescribed procedure.

Differences in recollection or minor inconsistencies should not automatically be equated with deliberate false evidence. The committee must assess the circumstances.

21.5 What Action Can a Bank Take?

Where the statutory requirements are established, the committee may recommend action in accordance with the service rules applicable to the concerned person.

For bank employees, the applicable conduct and disciplinary rules are therefore important.

Where no service rules exist, Rule 10 of the POSH Rules, 2013, provides for action in accordance with Rule 9.

The committee’s recommendation does not mean that a particular disciplinary penalty follows automatically. The applicable legal and service framework must be observed.

21.6 What if a POSH Complaint Follows an Adverse Appraisal, Transfer or Disciplinary Warning?

In banking, complaints may sometimes arise against supervisors who have previously issued warnings, recorded performance deficiencies or taken administrative action.

The timing of a complaint may be relevant to the surrounding circumstances, but it does not automatically establish malicious intent.

Equally, a genuine administrative disagreement does not prevent the committee from examining a separate allegation of sexual harassment.

21.7 What Should the Respondent Do if He Believes the Complaint Is Deliberately False?

The respondent should present relevant facts and evidence through the prescribed inquiry process.

Relevant material may include official records, correspondence, documents and witness information that lawfully support the respondent’s position.

The respondent may raise concerns about knowingly false allegations or fabricated evidence before the committee.

However, the respondent should not pressure the complainant, threaten counter-action or attempt to influence witnesses.

Any recommendation under Section 14 must follow the statutory requirements and the applicable procedure.

21.8 Can Section 14 Be Used to Discourage Complaints?

Section 14 is intended to address established misuse of the complaint process. It should not be invoked merely because an allegation is disputed or difficult to prove.

Employees must be able to report workplace sexual harassment without facing an automatic threat of disciplinary action if their complaint is not established.

At the same time, deliberate fabrication of allegations or evidence is a serious matter for which the Act provides a mechanism for recommending action.

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