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Findings and Recommendations
6.1 If Allegation Proved (Section 13)
The ICC/LCC shall recommend to the employer or District Officer:
- Action against the respondent in accordance with service rules — including dismissal, demotion, withholding of promotion
- Deduction of compensation from respondent's salary and payment to aggrieved woman
- Payment from respondent's provident fund or insurance scheme if salary is insufficient
Determining compensation (Section 15): The ICC/LCC considers:
- Mental trauma, pain, suffering, emotional distress caused
- Loss in career opportunity
- Medical expenses incurred for treatment
- Income and financial status of the respondent
- Feasibility of lump-sum vs installment payment
6.2 If Allegation Not Proved (Section 13(3))
If the ICC/LCC concludes the allegation is false or the aggrieved woman has made the complaint with malicious intent — it may recommend action against the complainant under service rules. However:
- Mere inability to prove a complaint does NOT constitute malicious intent
- The provision is carefully drafted to prevent deterrence of genuine complaints
6.3 Malicious Complaint vs. False Complaint
This is critically important for exam:
- Malicious complaint: Intent to harass the respondent through a false allegation — warrants action
- Unproven complaint: Genuine complaint that could not be proved — NO action against complainant
- The burden of proving malicious intent is high — protects whistle-blowers and genuine victims
