PAHWW Section 4

Procedure for holding inquiry.

(1) The Inquiry Committee, within three days of receipt of a written complaint, shall

• (a) communicate to the accused the charges and statement of allegations leveled against him, the formal written receipt of which will be given;
• (b) require the accused within seven days from the day the charge is communicated to him to submit a written defense and on his failure to do so without reasonable cause, the Committee shall proceed ex-parte; and
• (c) enquire into the charge and may examine such oral or documentary evidence in support of the charge or in defense of the accused as the Committee may consider necessary and each party shall be entitled to cross-examine the witnesses against him.

(2) Subject to the provisions of this Act and any rules made thereunder the Inquiry Committee shall have power to regulate its own procedure for conducting inquiry and for the fixing place and time of its sitting  [and, where applicable, apply appropriate child-sensitive procedures.]

(3) The following provisions inter alia shall be followed by the Committee in relation to inquiry:

• (a) the statements and other evidence acquired in the inquiry process shall be considered as confidential;
• (b) an officer in an organization; if considered necessary, may be nominated to provide advice and assistance to each party;
• (c) both parties, the complainant and the accused, shall have the right to be represented or accompanied by a Collective Bargaining Agent representative, a friend or a colleague;
• (d) adverse action shall not be taken against the complainant or the witnesses;
• (e) the Inquiry Committee shall ensure that the employer or accused shall in no case create any hostile environment for the complainant so as to pressurize her from freely pursuing her complaint; and 
• (f) the Inquiry Committee shall give its findings in writing by recording reasons thereof.

(4) The Inquiry Committee shall submit its findings and recommendations to the Competent Authority within thirty days of the initiation of inquiry. If the Inquiry Committee finds the accused to be guilty it shall recommend to the Competent Authority for imposing one or more of the following penalties [, as applicable]:

(i) Minor penalties:

• (a) censure;
• (b) withholding, for a specific period, promotion or increment;
• (c) stoppage, for a specific period, at an efficiency bar in the time-scale, otherwise than for unfitness to cross such bar; and
• (d) recovery of the compensation payable to the complainant from pay or any other source of the accused;

(ii) Major penalties:

• (a) reduction to a lower post or time-scale, or to a lower stage in a timescale;
• (b) compulsory retirement;
• (c) removal from service;
• (d) dismissal from service;  [---] 
• [(da) suspension or cancellation of a professional license; and 
• (e) Fine. A part of the fine can be used as compensation for the complainant. In case of the owner, the fine shall be payable to the complainant.

(5) The Competent Authority shall impose the penalty recommended by the Inquiry Committee under subsection (4) within one week of the receipt of the recommendations of the Inquiry Committee.

(6) The Inquiry Committee shall meet on regular basis and monitor the situation regularly until they are satisfied that their recommendations subject to decision, if any of Competent Authority and Appellate Authority have been implemented.

(7) In case the complainant is in trauma the organization will arrange for psycho-social counseling or medical treatment and for additional medical leave.

(8) The organization may also offer compensation to the complainant in case of loss of salary or other damages.