Goa High Court’s Ruling On Quashing Of Inquiry Report Due To Improper Constitution Of Internal Committee

Judgement Given On : 16/01/2020

Background of the Case:

The Goa High Court issued a significant judgment on January 16, 2020, in the case of Ruchika Kedia vs. The Internal Complaints, Goa Institute of Management, and others. The court’s ruling involved the quashing of an inquiry report prepared by an Internal Committee (IC) due to its improper constitution. This case underscores the importance of correctly constituting ICs in compliance with regulations to ensure fair and impartial investigations into complaints of sexual harassment.

The petitioner, Ruchika Kedia, was a student at the Goa Institute of Management. She filed a complaint against a respondent, which was supposed to be addressed by the IC established under the Grievance Redressal Mechanism specified in the university’s regulations. According to these regulations, the IC should have consisted of the following members:

  1. One (woman) Presiding Officer.
  2. Two faculty members and two non-teaching employees.
  3. Three students, including at least one female student, from the Pre-Final/Final year at the Undergraduate/Diploma level.
  4. One member from non-government organizations or associations committed to the cause of women or a person familiar with issues relating to sexual harassment.

However, the IC that conducted the inquiry into Ruchika Kedia’s complaint was improperly constituted:

  1. It had only one non-teaching employee instead of the required two.
  2. The three student members did not actively participate in the inquiry.
  3. The external member of the IC, who should have been a person associated with women’s causes or experienced in sexual harassment issues, was also a professor at the institute, which did not meet the regulations’ requirements.

Major Observations by the Court:

The Goa High Court made several critical observations in its judgment:

  1. Non-compliance with Regulations:
    • The court found that the IC’s constitution did not comply with the regulations. Specifically, there was a lack of adherence to Regulation 4(1), which defines the composition of the IC. This non-compliance led to infirmities in the committee’s structure.
  2. Inadequate Student Participation:
    • While the records indicated the presence of three student members in the IC, the court agreed with the petitioner’s contention that these students were not actively involved at all stages of the inquiry. This non-participation by the student members further highlighted the irregularities in the IC’s functioning.
  3. External Member’s Qualifications:
    • The court scrutinized the qualifications of the external member and found that there was no evidence to indicate that this member belonged to a non-government organization or association dedicated to women’s causes or was well-versed in issues related to sexual harassment. Additionally, the external member’s dual role as a professor at the institute did not align with the regulatory requirements.

Court’s Decision:

Based on the identified irregularities in the constitution of the IC and the non-compliance with the regulations, the Goa High Court ruled in favor of the petitioner, Ruchika Kedia. The court ordered the quashing of the inquiry report prepared by the improperly constituted IC. This decision emphasized the significance of following regulations when establishing ICs to ensure impartiality and fairness in the inquiry process. The judgment in the case serves as a crucial reminder of the necessity for educational institutions and other organizations to adhere to established regulations when constituting ICs. Failing to meet regulatory requirements can result in the nullification of inquiry reports and undermine the credibility of the complaint resolution process. This case underscores the need for institutions to prioritize the proper constitution of ICs to ensure effective responses to complaints of sexual harassment and the protection of the rights of complainants.