Posh Law - Issuing the Notice to the Respondent in POSH Cases.

After a sexual harassment complaint has been acknowledged and reviewed, the next decisive step under the POSH Act, 2013 is issuing a notice to the respondent. This stage is where the principles of natural justice come into play no individual can be judged without being informed of the allegations against them and given an opportunity to respond. For the Internal Committee (IC), this step is critical in ensuring fairness, transparency, and credibility in the inquiry process.

1. Timeline for Sending the Notice

The POSH Act requires that the IC send a copy of the complaint to the respondent within 7 working days of receiving it. This ensures the process begins without undue delay and that the respondent is formally made aware of the allegations.

2. Contents of the Notice

A well-drafted notice must strike a balance between clarity and confidentiality. It should typically include:

  • A copy of the complaint (with sensitive personal details redacted, if necessary).
  • A summary of allegations against the respondent.
  • Instructions to submit a written reply along with supporting documents and witness details.
  • The timeline for response — 10 working days from receipt of notice.
  • Assurance that the matter will be handled confidentially and fairly.

This written communication protects both parties by ensuring the process is documented and transparent.

3. Rights of the Respondent

Issuing a notice is not just a legal formality; it is a recognition of the respondent’s rights in the inquiry. These include:

  • The right to be informed of allegations in detail.
  • The right to present a written response with supporting evidence.
  • The right to produce witnesses in defense.
  • The right to participate in hearings before the IC.

By honoring these rights, the IC ensures adherence to the principles of fairness and impartiality.

4. Responsibilities of the IC at this Stage

The IC must remain neutral and professional while issuing the notice. Key responsibilities include:

  • Ensuring the notice is served in a confidential manner (sealed envelope, official email, or hand delivery).
  • Avoiding language that implies guilt or bias.
  • Keeping detailed records of service, including date and mode of delivery.
  • Monitoring timelines for response so that the inquiry can proceed within the statutory 90-day period.

5. Why Step 3 Matters

This stage is the pivot point where the case moves from allegation to inquiry. Its importance lies in:

  • Protecting fairness: Both parties are treated with equal respect.
  • Ensuring compliance: Following statutory timelines and processes.
  • Strengthening credibility: Preventing claims of bias or procedural lapses.
  • Building trust: Demonstrating that the IC is not one-sided.

Conclusion

Step 3 of POSH investigation Notice to the Respondent is where fair play officially begins. By informing the respondent promptly, clearly, and confidentially, the Internal Committee reinforces its role as an impartial authority. This step safeguards the rights of both parties and ensures that the inquiry moves forward on a foundation of transparency and trust.

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