Fri Dec 20 00:34:43 UTC 2024: ## Delhi High Court Holds National Cadet Corps Chief in Contempt for POSH Act Violation
**New Delhi, December 20, 2024** – The Delhi High Court has held the Director General of the National Cadet Corps (DGNCC) in contempt of court for failing to comply with a court order related to the Prevention of Sexual Harassment (POSH) Act. The case stems from a complaint filed by a Permanent Commissioned Whole Time Lady Officer (WTLO) who alleged sexual harassment by her commanding officer in 2022.
After the Internal Complaints Committee (ICC) findings failed to satisfy the officer, a single mother with two children, she initially withdrew a petition after the court suggested a remedy under the POSH Act, submitting a representation to the DGNCC in February 2024. However, the DGNCC’s lack of substantive response led to a renewed petition.
The court, in its February 19, 2024 order, directed the DGNCC to treat the representation as an appeal. When the DGNCC failed to comply and issued what the court deemed an “utterly irrelevant and evasive response,” the woman again approached the court in September.
The court’s December 16 ruling stated that the DGNCC, as commanding officer, lacked the authority to act as the Disciplinary Authority (DA) under Section 18 of the POSH Act, particularly for Group ‘A’ employees. The court highlighted concerns about bias due to the DGNCC’s supervision of the ICC and its subsequent justification of the ICC’s decisions. The court further criticized the lack of a fair hearing and declared the DGNCC’s April 10, 2024 decision void.
Consequently, the court found the DGNCC guilty of contempt for willful disobedience. The case has been referred to the appropriate Disciplinary Authority, who must decide on the officer’s representation within three weeks after providing her a hearing. Non-compliance will result in a further court hearing to determine the punishment.