Administrative Action - The Legal Chamber

This Supreme Court ruling clarifies that under the POSH Act, a complaint must be filed within three months (extendable to six) of the last incident of sexual harassment. Subsequent administrative actions, unless directly linked to the original misconduct as a "continuing wrong," do not extend this limitation period. The Court distinguished between a "continuing wrong" and a "recurring wrong," holding that independent administrative decisions do not constitute a fresh act of sexual harassment. Facts Of The Case: The case involves Dr. Nirmal Kanti Chakrabarti, the Vice-Chancellor of NUJS, Kolkata, and Ms. Vaneeta Patnaik, a faculty member. The appellant, Ms. Patnaik, lodged a formal complaint of sexual harassment against the Vice-Chancellor with the Local Complaint Committee (LCC) on Decem...

The Supreme Court held that a press release announcing a policy change does not constitute a "Change in Law" under a Power Purchase Agreement, as only duly promulgated notifications have legal force. It further ruled that deemed export benefits under the Foreign Trade Policy are inapplicable to immovable, integrated power plants, as the policy is designed for movable "goods" and requires strict adherence to defined supply and procurement conditions. Facts Of The Case: The case involved appeals by Nabha Power Limited and Talwandi Sabo Power Limited against the Punjab State Power Corporation Limited (PSPCL). The dispute arose from a Power Purchase Agreement (PPA) executed following a tariff-based competitive bidding process. The appellants claimed that post-bid notifications from the...

Tag: Administrative Action

Supreme Court’s Landmark Order: Sexual Harassment Judgement to be Part of Accused’s Permanent Record

What Qualifies as ‘Goods’? Supreme Court Explains Why a Power Plant Isn’t Eligible for Export Benefits