Section 14 Punishment for false or malicious complaint and false evidence
- Chapter
- V · Inquiry into Complaint
(1) Where the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. or the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer., as the case may be, arrives at a conclusion that the allegation against the respondentDefined in section 2(m): the person against whom the aggrieved woman has made a complaint under section 9. is malicious or the aggrieved womanDefined in section 2(a): a woman who alleges sexual harassment at a workplace, and in domestic-work settings a woman employed in the dwelling place or house. or any other person making the complaint has made the complaint knowing it to be false or the aggrieved womanDefined in section 2(a): a woman who alleges sexual harassment at a workplace, and in domestic-work settings a woman employed in the dwelling place or house. or any other person making the complaint has produced any forged or misleading document, it may recommend to the employerDefined in section 2(g): the responsible head, manager, supervisor, contractual authority, or household employer depending on the workplace. or the District OfficerDefined in section 2(d) and notified under section 5 to exercise powers and discharge functions under the Act., as the case may be, to take action against the woman or the person who has made the complaint under sub-section (1) or sub-section (2) of section 9, as the case may be, in accordance with the provisions of the service rules applicable to her or him or where no such service rules exist, in such manner as may be prescribedDefined in section 2(k): prescribed means prescribed by rules made under this Act:
Provided that a mere inability to substantiate a complaint or provide adequate proof need not attract action against the complainant under this section:
Provided further that the malicious intent on part of the complainant shall be established after an inquiry in accordance with the procedure prescribedDefined in section 2(k): prescribed means prescribed by rules made under this Act, before any action is recommended.
(2) Where the Internal CommitteeDefined in section 2(h) and constituted under section 4 by the employer. or the Local CommitteeDefined in section 2(i) and constituted under section 6 by the District Officer., as the case may be, arrives at a conclusion that during the inquiry any witness has given false evidence or produced any forged or misleading document, it may recommend to the employerDefined in section 2(g): the responsible head, manager, supervisor, contractual authority, or household employer depending on the workplace. of the witness or the District OfficerDefined in section 2(d) and notified under section 5 to exercise powers and discharge functions under the Act., as the case may be, to take action in accordance with the provisions of the service rules applicable to the said witness or where no such service rules exist, in such manner as may be prescribedDefined in section 2(k): prescribed means prescribed by rules made under this Act.