Legal provisions involved: POSH Act, 2013; Section 35 of the Advocates Act, 1961; Article 226 of the Constitution of India.
Judgement by: Karnataka High Court
Judge/Bench: Justice M. Nagaprasanna
Facts
Senior Advocate Jayna Kothari was appointed as an external member of the Internal Complaints Committee (ICC) of Zoomcar India Pvt. Ltd. because of her experience in POSH matters. She was not acting as the company’s lawyer and was not paid for this role. A sexual harassment complaint was filed by a female employee against a male employee. After inquiry, the ICC found him guilty and the company terminated his services. Later, the employee filed a complaint before the State Bar Council accusing her of favouring the company.
Key legal provisions
Issues raised
Whether serving as an ICC member amounts to professional misconduct and whether the accused employee had the right to complain to the Bar Council?
Arguments of the case
The petitioner argued there was no lawyer–client relationship and the complaint was filed out of revenge. The respondent claimed she was biased.
Judgement
The High Court quashed the Bar Council notice, holding the complaint to be malicious and an abuse of law.
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