PoSH: Calcutta HC Judgement - Transfer is the incidence of employment, but should the aggrieved person
XXX vs. The State of West Bengal & Or’s. CALCUTTA HIGH COURT Key Issues: 1. Whether a complainant can be transferred to another place during pendency of her complainant under the PoSH Act! 2. Whether an employee has a vested right to continue to work at any one place! 3. Whether a request for posting nearby place of residence or work place be considered ! Ruling: 1) In complaint of sexual harassment, the authority concerned may transfer the complainant to any other different place to remove her from unhealthy environment since transfer for administrative reasons is an incidence of service and no employee has any vested right to continue to work at any one place. 2) For making complainant of sexual harassment, the complainant has to approach authority/Internal Complaints Committee/Disciplinary Authority etc. 3) For dealing with the complainant of sexual harassment, the authority concerned has to constitute an Internal Complai