A colleague filed a POSH complaint in my name without asking me. Must I adopt it?

Answered by Advocate Sharan Jain··POSH & Workplace Harassment

Legal Shorts · 74 words

You do not have to adopt a statement that does not reflect your instructions or account. Ask the committee for the exact document filed, who signed it and the statutory basis claimed for filing on your behalf. Rule 6 permits substitute complaints only in specified circumstances, with written consent required in relevant categories. The employer may still need to address a workplace safety concern even if that document is not your valid personal complaint.

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You do not have to adopt a statement that does not reflect your instructions or account. Ask the committee for the exact document filed, who signed it and the statutory basis claimed for filing on your behalf. Rule 6 permits substitute complaints only in specified circumstances, with written consent required in relevant categories. The employer may still need to address a workplace safety concern even if that document is not your valid personal complaint.

What should I clarify before withdrawing anything?

First find out whether the colleague filed a complaint in your name, reported their own observations, or merely asked HR to check on your safety. Those are different acts. A message saying a colleague witnessed inappropriate touching is not the same as forging your signature on a complaint.

Request a copy of the document and acknowledgment. Ask whether the committee has registered it as your complaint under section 9, and whether notices have already been issued. Do not sign a withdrawal describing yourself as the author if you did not write or authorise the document. That can create a misleading history.

You can say: "Please supply the document said to have been filed on my behalf and identify the authority relied on. I have not authorised the attached wording or signature. I will separately state which facts I confirm and whether I wish to make my own complaint." If you did authorise some assistance, describe that accurately rather than denying every part of the interaction.

When can someone else file under Rule 6?

The rule distinguishes physical incapacity, mental incapacity, other reasons preventing the woman from making the complaint, and death. It lists permitted persons and different conditions. Under the other-reason route in Rule 6(iii), a person with knowledge needs the woman's written consent. Rule 6(i)(d) also expressly requires written consent for its knowledgeable-person category. It is inaccurate to say that any concerned colleague can always substitute themselves.

It is equally inaccurate to say that every category uses identical consent wording. If incapacity is alleged, ask which provision is relied on and what facts support it. Being embarrassed, junior or slow to reply is not automatically proof of incapacity. If you can make your own decision, ask the committee to communicate with you in a form you can use.

Can I correct the complaint and continue with my own account?

Yes, you can provide your own signed, dated account and explain the correction. Identify statements you confirm, statements you cannot verify and statements that are wrong. Preserve the original rather than silently replacing it. The committee should be able to see who said what and when.

Do not let concern about the colleague's overstatement force you to deny an incident that did occur. For example, you may confirm an unwelcome message while correcting an invented threat or incorrect date. A precise correction is more useful than an all-or-nothing letter drafted to make the problem disappear.

Ask the committee to confirm the date and status of your own complaint, since limitation may matter. Section 9's ordinary three-month period and possible further extension are not automatically displaced by an unauthorised earlier filing. Explain the full chronology and seek an extension expressly where necessary.

What if I do not want to pursue a personal POSH complaint?

State your position freely and accurately, without a false statement about the underlying events. The committee must decide the status of the purported complaint under the Act and rules. A manager should not dictate a denial or obtain a signature through pressure.

Your position does not erase the employer's preventive responsibilities under section 19. A workplace may need to preserve records, enforce conduct rules or address an ongoing safety risk. Another person may also have their own complaint. Those matters should be identified as such rather than attributed to you without consent.

This answer concerns adult workplace complaints. Obtain separate advice for any child involved. The consent discussion here should not be used to decide a child-protection situation.

What should I keep after speaking to the committee?

Keep the original filing, your correction or objection, any consent document and the committee's response. Ask that unverified statements not be circulated as your account. Request confidential handling under section 16, including communications identifying you and witnesses.

A short follow-up after a meeting can record what you agreed: "I confirmed the facts in my statement dated [date]. I did not adopt the additional allegations in the earlier document. Please correct the inquiry record accordingly." Use the actual dates and facts, not a pre-filled legal formula.

If your colleague acted out of concern, the correction need not begin with an allegation of malice. If a signature was fabricated or someone persists in attributing false words to you, preserve proof and obtain advice on the separate response. The immediate priority is an accurate record and a process based on the right person's account.

For the general route, see our POSH complaint guide. The employment and labour practice page covers the related employment issues.

Sources

The law this answer relies on, so you can read it yourself.

  1. 1.Sexual Harassment of Women at Workplace Act,2013: Sections2,4,6,9,11,16,19. Read the source
  2. 2.POSH Rules2013, government-hosted reproduction of GSR769(E): Rules6 and7. Reproduction has OCR errors, read with Act.. Read the source

The short answer's sources were checked on 29 September 2026. Statutes and judgments can change, so check the current position before you act on anything here.

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This answer is the short version. These guides cover the same ground in full, with the procedure, the timelines and the leading cases.

SJ

Answered by

Advocate Sharan Jain

Advocate based in Bangalore, practising before the Karnataka High Court and District, Sessions, Consumer and Family courts. Answers public legal questions to make Indian law more accessible.

This answer is general information on Indian law as at October 1, 2026, published for public education. It is not legal advice, it does not take account of your facts, and reading it does not create an advocate-client relationship. Law changes and every case turns on its own circumstances. Please consult a qualified advocate about your own matter.

People also asked

Employment & Labour

I have been sexually harassed at work. How does a POSH complaint actually work?

An aggrieved woman can make a written POSH complaint to the workplace Internal Committee. Ordinarily, file within three months of the incident, or the last incident in a series. A further extension needs reasons showing why you could not file earlier. Describe what happened, when and where, and identify messages or witnesses. The district Local Committee handles specified cases, including complaints against the employer. Ask for help putting the complaint in writing if needed, and keep proof of submission.

Employment & Labour

My colleague died before filing her harassment complaint. Can her legal heir submit it?

A complaint is not automatically barred because the woman has died. Section 9(2) permits a legal heir or other prescribed person to complain, and Rule 6(iv) allows a person with knowledge of the incident to file with the written consent of her legal heir. Prepare evidence of both the knowledge and the heir's consent. The committee must still examine jurisdiction, timing and the available evidence.

Employment & Labour

I cannot write my POSH complaint because of a disability. Who can help without taking over my complaint?

You can ask the committee to help put your own complaint in writing. Section 9 expressly requires reasonable assistance where the complaint cannot be made in writing. If physical incapacity prevents you from making it yourself, section 9(2) and Rule 6 provide specified substitute-filing routes. Needing an interpreter or accessible document does not mean you must surrender control of your account.

Employment & Labour

I became HR head and discovered no POSH annual report was filed. What can I correct now?

Reconstruct the correct year-wise record and submit a truthful delayed report through the competent committee and employer. Do not backdate a report or enter zero complaints because earlier files are missing. Section 21 concerns the committee's annual report, while section 22 separately requires the employer to report case numbers in its annual report or otherwise inform the District Officer. Correcting the omission does not automatically erase past non-compliance.

Employment & Labour

I have been suspended pending inquiry. Do I get paid?

Suspension pending an inquiry is different from dismissal. Where the Industrial Relations Code's standing-orders provisions apply, subsistence allowance is ordinarily half the relevant wages for the first ninety days, rising to three-quarters afterwards if the delay is not attributable to the worker. Other applicable rules or contracts may provide a different or better entitlement. Ask for the suspension order and the payment calculation. Keep attending required proceedings and document delays, because their cause can affect the amount payable.

Employment & Labour

The internal committee dismissed my POSH complaint. Can I appeal?

Yes. The POSH Act permits appeals against specified recommendations and their non-implementation, ordinarily within ninety days of the recommendations. The correct court or tribunal depends on the applicable service rules and prescribed route. Ask for the report, findings and committee-constitution order, and identify errors in the evidence, reasoning or procedure. An appeal should explain why the decision is wrong. It is not limited to merely complaining that the outcome was unfavourable. Keep proof of when you received the documents.

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