Gauhati HC stays POSH committee notice to GMCH Principal in sexual harassment case, cites procedural challenge

The Gauhati High Court granted interim relief to Achyut Baishya, Principal of Gauhati Medical College and Hospital (GMCH), staying a notice issued by a Local Committee constituted under the POSH Act directing him to appear in a sexual harassment inquiry.
Baishya has approached the court challenging the notice issued by the Chairperson of the Local Committee under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, contending that the proceedings are not legally maintainable.
He has filed a writ petition against the Assam government and six departments, arguing that once an Internal Complaints Committee (ICC) is constituted, complaints must be routed through it and not the Local Committee. He has also claimed that the complaint falls beyond the limitation period prescribed under the Act.
The petition was heard by the court, where senior counsel for the petitioner argued that the allegations relate to incidents between November 2022 and July 2025 and are therefore time-barred under Section 9 of the POSH Act. The counsel also cited a Supreme Court judgment to support the argument that complaints must be filed within a stipulated period from the date of the alleged incident.
After hearing the submissions, the court issued notice to the respondents and fixed May 29, as the next date of hearing. It also directed that additional documents be submitted within one week. However, the court stayed the impugned notice dated April 27, 2026, till the next date of hearing.
The court also noted that the respondents, including the state government and health authorities, sought time to complete instructions in the matter.
Meanwhile, the case stems from allegations made by a senior woman doctor of GMCH, who has accused Baishya of workplace harassment. In her complaint submitted to the Chief Minister’s Office on February 6, she alleged inappropriate remarks, intimidation, and sustained professional harassment.
The complainant, an Associate Professor and former Head of the Department of Clinical Psychology, also lodged a police complaint and stated that after initial professional recognition, the situation changed when she was allegedly pressured to meet the principal alone in his office. She claimed she felt uncomfortable and began avoiding such meetings, adding that communications between them were also documented through WhatsApp messages.
Following her complaint, an FIR was registered and a government inquiry committee was constituted.

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