Aureliano Fernandes v. State of Goa

What Every PoSH Internal Committee Must Learn About Natural Justice

A landmark Supreme Court judgment on PoSH inquiries, procedural fairness and effective implementation of the PoSH Act

The Aureliano Fernandes v. State of Goa & Ors. judgment is an important reminder that conducting a PoSH inquiry is not merely about following timelines or completing paperwork.

The Supreme Court of India highlighted two critical principles:

1. An Internal Committee cannot compromise natural justice in the interest of completing an inquiry quickly.
2. PoSH compliance cannot remain a paper exercise.

For employers, HR professionals, Internal Committee members, External Members and PoSH practitioners, this judgment offers valuable lessons on how a workplace inquiry should actually be conducted.

Understanding the Case

Aureliano Fernandes was an employee of Goa University. Multiple complaints of sexual harassment were made against him, following which the Standing Committee for Prevention of Sexual Harassment at the Workplace conducted an inquiry.

During the proceedings, the appellant was unable to effectively participate on certain occasions, including for health-related reasons. Despite this, the Committee proceeded with the inquiry and submitted its findings.

Based on the Committee’s report, the Executive Council of Goa University imposed major penalties, including:

• Dismissal from service
• Disqualification from future employment

The appellant challenged the decision before the High Court. After the High Court declined to interfere, the matter eventually reached the Supreme Court.

The Question Was Not Just Whether Sexual Harassment Had Occurred

One of the most important aspects of this judgment is that the Supreme Court’s examination went beyond the seriousness of the allegations.

The Court also considered:

“Was the inquiry conducted fairly and in accordance with the principles of natural justice?”

A PoSH inquiry is not a criminal trial. However, its consequences can be serious, including disciplinary action and termination of employment.

Therefore, an Internal Committee must work within the statutory framework and conduct the inquiry without unnecessary delay—but speed cannot come at the cost of fairness.

What Did the Supreme Court Hold?

The Supreme Court identified serious procedural deficiencies in the manner in which the inquiry had been conducted.

The Court observed that the Committee had proceeded with undue haste and that the appellant had not been provided a fair and reasonable opportunity to defend himself.

Importantly, the Court clarified that the expression “as far as practicable” in the PoSH framework does not give an Internal Committee the freedom to disregard the principles of natural justice.

In simple terms: A PoSH inquiry must be sensitive, prompt and effective—but it must also be fair.

Because procedural fairness had been compromised, the Supreme Court set aside the earlier proceedings and directed that the matter be considered afresh in accordance with law.

PoSH Compliance Is More Than Constituting an Internal Committee

The judgment also addressed a much larger issue: How effectively is the PoSH Act actually being implemented?

Despite the PoSH Act being in force since 2013, the Supreme Court noted deficiencies in the constitution and functioning of Internal Committees and Local Committees, as well as inadequate awareness and capacity-building.

The message is clear:

Creating an Internal Committee on paper is not the same as creating an effective PoSH mechanism.

A law intended to protect dignity and safety at the workplace cannot achieve its purpose if implementation is merely formal or ineffective.

Key Directions of the Supreme Court

The Supreme Court issued several directions aimed at strengthening the implementation of the PoSH Act.

Among other things, it directed that authorities and institutions undertake a time-bound exercise to verify whether the required ICCs/ICs and Local Committees had been properly constituted.

1. Proper constitution of Committees

The composition of Internal Committees must strictly comply with the requirements of the PoSH Act.

2. Accessibility of information

Information regarding the constitution and composition of Committees, relevant contact details, complaint procedures and applicable policies should be readily accessible.

3. Training of Committee members

Employers and managements must ensure that Committee members understand their statutory duties and how a PoSH inquiry should be conducted.

4. Regular capacity building

Orientation programmes, workshops and awareness programmes should be conducted regularly to build the capacity of Committee members and educate employees about the Act.

Why Is This Judgment Important for Internal Committee Members?

For Internal Committee members, this judgment carries several practical lessons.

Natural justice matters

Both parties must receive a fair opportunity to present their case.

Expeditious does not mean hurried

An inquiry should not be unnecessarily delayed, but completing it quickly cannot justify compromising procedural fairness.

“As far as practicable” is not a shortcut

The expression cannot be treated as permission to bypass basic procedural safeguards.

IC members need practical skills

Understanding the definition of sexual harassment is only one part of the role. IC members also need the capability to conduct inquiries, examine relevant evidence, record proceedings, assess the material before them and prepare reasoned findings and clear reports.

Compliance requires competence

Employers cannot treat PoSH compliance as simply constituting an Internal Committee and conducting an awareness session. The competence of the Internal Committee is as important as its constitution.

A Critical Learning: Fairness Cannot Be Ignored

A common misconception in PoSH inquiries is that because PoSH is a special law, ordinary principles of fairness do not apply.

That approach is incorrect.

The PoSH Act creates a specialised mechanism for dealing with sexual-harassment complaints, but the inquiry must still be conducted fairly.

An Internal Committee should ensure that:

• ✔ Both parties understand the allegations and proceedings.
• ✔ Both parties receive a reasonable opportunity to present relevant evidence.
• ✔ The inquiry is not unnecessarily delayed.
• ✔ The Committee remains impartial.
• ✔ Findings are based on the material and evidence placed before the Committee.
• ✔ The final report clearly records the reasoning behind the findings.

A defective inquiry can result in the inquiry report itself being challenged and set aside.

Case at a Glance

Particular	Details
Case	Aureliano Fernandes v. State of Goa & Ors.
Court	Supreme Court of India
Neutral Citation	2023 INSC 527
Civil Appeal No.	2482 of 2014
Judgment Date	12 May 2023
Relevant Law	Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
Key Issues	PoSH inquiry procedure, natural justice, functioning of Internal Committees and implementation of the PoSH Act

The Bigger Takeaway for Employers

PoSH compliance is not about ticking boxes.

Having an Internal Committee on paper is not enough.

Having a PoSH Policy is not enough.

Conducting an annual awareness session is not enough.

And completing an inquiry within the prescribed timeline is not enough if the inquiry itself is procedurally unfair.

A meaningful PoSH framework requires organisations to focus on three interconnected pillars:

Prevention + Prohibition + Effective & Fair Redressal

The Aureliano Fernandes judgment brings these responsibilities into sharp focus.

A strong PoSH system must protect the person who has raised a complaint while also protecting the integrity and fairness of the inquiry process.

Ultimately, a credible PoSH mechanism is not one that merely delivers a result.

It is one that delivers a fair, legally sustainable and credible process.

Questions for Organisations & Internal Committees

Is your organisation focusing more on constituting an Internal Committee and less on ensuring that its members are actually equipped to conduct inquiries?

Do your IC members receive periodic training on:

• Inquiry procedures?
• Principles of natural justice?
• Evidence and documentation?
• Recording proceedings?
• Reasoned findings?
• Inquiry report writing?

The real test of PoSH compliance is not simply whether an organisation has an Internal Committee.

The real test is whether that Committee is capable of performing its role fairly, effectively and responsibly.