Dr Mohinder Kumar vs The Chairman, NABARD, 2026
The case highlights the principle of procedural fairness, requiring competent authorities to apply independent judgment before imposing penalties.
Judgement Details
Court
Bombay High Court
Date of Decision
21 January 2026
Judges
Justice Bharati Dangre and Justice Manjusha Deshpande
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
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Dr Mohinder Kumar, an employee of NABARD, was found to have video recorded female colleagues who were “disturbing working hours” by sitting together, gossiping, or singing.
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The Central Complaints Committee (CCC), in its June 30, 2020 report, held that Kumar’s conduct did not amount to sexual harassment under the POSH Act.
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Despite this, the CCC recommended action against Kumar, stating that the video recording was “not justified.”
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Acting on the CCC’s recommendation, the Chief General Manager (competent authority) imposed the penalty of ‘Reprimand’, which amounted to compulsory retirement.
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Dr Kumar challenged the CCC’s recommendation and the penalty, relying on Section 13(2) of the POSH Act, which mandates that if the ICC/CCC finds allegations not proved, it must recommend no action.
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The Court examined whether the CCC exceeded its powers and whether the competent authority erred by mechanically acting on its recommendation without independent inquiry.
Issues
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Whether the Central Complaints Committee (CCC) exceeded its jurisdiction by recommending disciplinary action against the petitioner when it had already concluded that his conduct did not amount to sexual harassment under the POSH Act?
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Whether the competent authority (Chief General Manager, NABARD) committed an error by imposing the penalty of ‘Reprimand’ solely on the basis of CCC’s recommendation without independent inquiry?
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Whether the penalty imposed on the petitioner was liable to be quashed on the grounds of procedural irregularity and lack of jurisdictional authority?
Held
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CCC acted beyond its powers by recommending action despite no sexual harassment finding.
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Competent authority cannot mechanically act on CCC recommendations without independent evaluation.
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Penalty of ‘Reprimand’ imposed on Dr Kumar is quashed and set aside.
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Section 13(2) POSH mandates that if allegations are not proved, no action should be recommended or taken.
Analysis
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The Court reaffirmed the strict statutory boundaries of the POSH Act, emphasizing that the CCC’s powers are limited to investigating and recommending only if sexual harassment is proved.
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The case highlights the principle of procedural fairness, requiring competent authorities to apply independent judgment before imposing penalties.
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The judgment protects employees from arbitrary or mechanical disciplinary action based solely on committee recommendations.
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It clarifies that finding of no harassment under POSH automatically implies no disciplinary action, reinforcing the statutory safeguards for employees.
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Sets precedent for strict adherence to statutory procedure under workplace harassment law.