POSH Compliance In Public Sector Banks Under Scrutiny As CIC Orders Fresh Hearing On RTI Appeal Over Sexual Harassment Law
· Free Press Journal
The Central Information Commission (CIC) has sent back a Right to Information (RTI) appeal to the Ministry of Women and Child Development for fresh consideration, directing its First Appellate Authority (FAA) to ensure a fair hearing for an applicant seeking details on compliance with workplace sexual harassment laws in public sector banks.
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Applicant Raises Concerns Over POSH Compliance
The applicant, Chayan Ghosh Chowdhury, referred to the Supreme Court’s ruling in the Aureliano Fernandes vs State of Goa case, alleging that public sector banks had failed to set up Internal Committees as mandated under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
He sought information on banks registered with the SHe-Box portal, annual returns filed under the law, penalties imposed for violations and court cases involving women who had raised complaints.
SHe-Box is the Central Government’s online platform for registering and monitoring workplace sexual harassment complaints.
Ministry Says Information Was Not Available In Consolidated Form
Chowdhury argued that the ministry’s response was incomplete and that he had been denied a hearing despite expressly requesting one in his first appeal.
The ministry, however, maintained that it had shared all information available in its records. It identified the Department of Financial Services as the nodal department for the banking, financial services and insurance sector and advised Chowdhury to seek bank-specific information from the respective public information officers.
The ministry also clarified that its division concerned did not maintain consolidated records of annual returns, penalties or litigation involving individual public sector banks in the format requested.
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In a recent order, Information Commissioner P R Ramesh directed the ministry’s FAA to examine the appeal afresh, give both parties an opportunity to present their arguments and issue a reasoned order.
The Commission observed that although the ministry claimed to have disposed of the first appeal, it had not submitted a copy of the relevant order.
“In these circumstances, the Commission is unable to verify the contents of the order stated to have been passed by the FAA or ascertain whether the Appellant’s request for a personal hearing was considered,” the order said.
The CIC directed the FAA to address the applicant’s grounds of appeal while passing a reasoned order.
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Fresh Adjudication Ordered, Second Appeal Option Remains Open
The Commission clarified that it had not reached any final conclusion on the information requested or whether the ministry’s earlier response was adequate.
It remanded the matter to the FAA for fresh adjudication following a fair hearing for both sides and directed the Public Information Officer to submit a compliance report.
Chowdhury can approach the CIC again through a second appeal under Section 19(3) of the RTI Act if he is dissatisfied with the FAA’s fresh decision.