Dr Sohail Malik vs Union Of India

insc-2025-1415 Supreme Court of India 10 December 2025 • CIVIL APPEAL NO. 404 OF 2024 • 52 min read
15 cases cited (0 SG, 15 foreign) Cited by 1 case

Practice Areas

Code of Civil Procedure, 1908 Constitution of India IPC and any other relevant provisions of the said Code Indian Penal Code, 1860 Information Technology Act, 2000 POSH Act Prohibition and Redressal) Act, 2013 Public Servants(Inquiries) Act, 1850

Judges (2)

J.K. Maheshwari Delivered Vijay Bishnoi Coram

Parties (2)

Union of India Respondent Dr. Sohail Malik Appellant

Case Significance

Dr Sohail Malik vs Union Of India is a Supreme Court of India decision dated December 10, 2025 (citation: insc-2025-1415). Civil appeal regarding whether an Internal Complaints Committee constituted at one Government department can entertain a POSH Act complaint against an officer from a different department. The Supreme Court dismissed the appeal, holding the ICC at the aggrieved woman's workplace has jurisdiction for the fact-finding inquiry, while the ICC at the respondent's department acts as inquiry authority in disciplinary proceedings. The bench comprised Justices J.K. Maheshwari and Vijay Bishnoi. The judgment was delivered by Justice J.K. Maheshwari.

This case has been cited by 1 subsequent judgment. The judgment references 15 case citations.

Summary

Civil appeal regarding whether an Internal Complaints Committee constituted at one Government department can entertain a POSH Act complaint against an officer from a different department. The Supreme Court dismissed the appeal, holding the ICC at the aggrieved woman's workplace has jurisdiction for the fact-finding inquiry, while the ICC at the respondent's department acts as inquiry authority in disciplinary proceedings.

What was the outcome of Dr Sohail Malik vs Union Of India?

Civil appeal regarding whether an Internal Complaints Committee constituted at one Government department can entertain a POSH Act complaint against an officer from a different department. The Supreme ...

Statutes Cited

Code of Civil Procedure, 1908
Constitution of India
Art 21 Art 32
Indian Penal Code, 1860
s 509
Information Technology Act, 2000
s 67
IPC and any other relevant provisions of the said Code
s 509
POSH Act
s 10 s 11 s 11(1) s 13 s 13(3)(i) s 18 s 19(f) s 19(h) s 2(a) s 2(f) s 2(g) s 2(h) s 2(m) s 2(n) s 2(o) s 3(1) s 4 s 9
Prohibition and Redressal) Act, 2013
Public Servants(Inquiries) Act, 1850

Cases Cited (15)

UK (1)
[1968] AC 1097
IN (14)
(1980) 4 SCC 507 (1981) 1 SCR 801 (1987) 1 SCC 424 (1987) 1 SCC 606 (1994) 3 SCC 440 (1995) 1 SCC 680 (1995) 6 SCC 326 (1997) 6 SCC 241 (2005) 3 SCC 551 (2013) 1 SCC 311 (2017) 15 SCC 133 1957 SCC OnLine SC 8 2025 INSC 1415 AIR 1957 SC 628

Cited By (1)

insc-2025-1415
Dr Sohail Malik vs Union Of India

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (insc-2025-1415)