A nursing officer has moved the Delhi High Court alleging an inordinate delay in the disposal of her appeal under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), arising from a complaint concerning allegedly inappropriate remarks made about nursing staff at the All India Institute of Medical Sciences (AIIMS), New Delhi.
According to the petition, the nurse had challenged the findings of an Internal Complaints Committee (ICC) and subsequently filed an appeal before the competent authority. However, despite the passage of nearly six months, no decision has reportedly been taken on the appeal, prompting her to seek judicial intervention.
The petitioner contends that the prolonged delay undermines the objectives of the POSH Act, which was enacted to ensure the timely redressal of complaints relating to workplace sexual harassment. She argues that uncertainty surrounding the outcome of the proceedings has caused continued distress and has effectively denied her access to an effective remedy under the law.
The dispute stems from remarks allegedly made by an AIIMS official concerning members of the nursing staff. The complainant claims that the comments were inappropriate and amounted to conduct warranting examination under the framework of the POSH Act. Following the conclusion of the internal inquiry process, she exercised her statutory right to appeal the decision before the designated authority.
Before the High Court, the petitioner has sought directions for the expeditious disposal of her pending appeal. It has been submitted that the prolonged pendency defeats the purpose of the legislative scheme, which emphasises prompt inquiry and resolution of workplace harassment complaints.
The matter raises broader questions regarding the timely implementation of the POSH Act and the effectiveness of institutional mechanisms established to address grievances relating to workplace dignity and gender-sensitive conduct. The outcome of the proceedings may also provide guidance on the obligations of authorities to ensure that statutory appeals under the POSH framework are decided within a reasonable period.
The Delhi High Court is expected to examine whether the delay in adjudicating the appeal warrants judicial directions and whether the concerned authority has fulfilled its responsibilities under the statutory scheme governing workplace harassment complaints.
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