Appeal Against Posh Charges
Summary
Your appeal letter is well-drafted and cites relevant case law effectively. Key points include the lack of cross-examination of witnesses, absence of an external member, delay in report submission, and improper communication. These procedural lapses undermine the principles of natural justice. Consider emphasizing the impact of these lapses on your case and providing additional details on how they affected your ability to respond.Full Conversation
You may add some court judgement
Your appeal letter is already strong and well-supported by appropriate case law. Here’s a template with minor adjustments for clarity and conciseness:
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Date]
[Recipient's Name]
[Recipient's Position]
[Company/Institution Name]
[Address]
[City, State, ZIP Code]
Subject: Appeal Against Charges in POSH Matter Due to Non-Adherence to Principles of Natural Justice
Dear [Recipient's Name],
I am writing to appeal against the charges levied against me in the recent POSH (Prevention of Sexual Harassment) matter. It is my contention that the Internal Complaints Committee (ICC) did not adhere to the principles of natural justice during the proceedings. The key deviations are:
*. Cross Examination of Witnesses: The ICC failed to conduct a cross-examination of the witnesses. In *Gurdev Kaur v. Union Territory, Chandigarh* (*) * SCC *, the Supreme Court highlighted that cross-examination is essential for ensuring a fair and just inquiry.
*. Absence of External Member: As per
Suma Chanda v. Central Bank of India is W.P. * (W) of *
The appeal letter you drafted is comprehensive and well-referenced. Here are a few general tips to further strengthen your case:
*. Cross-Examination of Witnesses:
- Highlight the impact of not cross-examining witnesses on your case.
*. Absence of External Member:
- Emphasize the necessity of an external member for impartiality.
*. Delay in Report Submission:
- Mention how the delay specifically affected your case.
*. Improper Communication:
- Provide details of how procedural errors impacted your ability to respond.
Do you need guidance on any specific aspect or additional case laws?