As per sec 14 of posh act 2013
- (1)Where the interior Committee or the Local Committee, because the case could also be, arrives at a conclusion that allegation against the respondent is malicious or the aggrieved woman or the other person making the complaint has made the complaint knowing it to be false or the aggrieved woman or the other person making the complaint has produced any forged or misleading document, it’s going to recommend to the employer or the District Officer, because the case could also be, to require action against the lady or the one that has made the complaint under sub-section (1) or sub-section (2) of section 9, because the case could also be, in accordance with the provisions of the service rules applicable to her or him or where no such service rules exist, in such manner as could also be prescribed:
- as long as a mere inability to substantiate a complaint or provide adequate proof needn’t attract action against the complainant under this section: Provided further that the malicious bent a part of the complainant shall be established after an inquiry in accordance with the procedure prescribed before any action is suggested
- (2) Where the interior Committee or the Local Committee, because the case could also be, arrives at a conclusion that in the inquiry any witness has given false evidence or produced any forged or misleading document, it’s going to recommend to the employer of the witness or the District Officer, because the case could also be, to take action in accordance with the provisions of the service rules applicable to the said witness or where no such service rules exist, in such manner as could also be prescribed
Shivam Jha
(Industrial Relation Advisor – HR Ignite)
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