The Hon’ble Supreme Court while allowing the appeal filed by Aureliano Fernandes, held that the Complaints Committee appointed by the University would be deemed to be an inquiry officer under CAA Rules. Further, the Hon’ble Supreme Court held that the Complaints Committee failed to follow the procedure laid down under CAA Rules for conducting an inquiry and has also failed to follow the principles of natural justice. Further, the Hon’ble Supreme Court directed the Complaints Committee to complete the inquiry within three months by following the due procedure warranted under law.
The Hon’ble Supreme Court while passing its order in the relevant matter also pressed upon failure of the State functionaries, public authorities, private undertakings, organizations and institutions to implement the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 PoSH Act in letter and spirit. The Hon’ble Supreme Court has also directed the Union Government and the State Governments to take affirmative action and make sure that the altruistic object behind enacting the PoSH Act is achieved in real terms.
The Hon’ble Supreme Court has also issued directions to the UoI/ SGs/ UTs/ Ministries, Departments, Government organizations, authorities, Public Sector Undertakings, institutions, bodies, etc. to comply with the requirements of the PoSH Act, frame a procedure for submission of complaints online amongst various other directions. The Hon’ble Supreme Court has also directed UoI/ SGs/ UTs to file their affidavits within 8 weeks for reporting compliances.