False sexual harassment case
Bhaidash
(Querist) 08 February 2016
This query is : Resolved
I am working in a top private bank in a senior position. I am a male employee and am 35 years old. One of my junior lady employees has lodged a false complaint of sexual harassment case against me. Now the CICC has given the verdict giving me warning and asked me to provide a letter of apology to the complainant. I am surprised to see the verdict as the copy of the complaint is yet to be given to me by internal complaint committee. I have repeatedly requested for holding an inquiry into the incident at ground level and talk to witnesses present and provided by me. The internal complaint committee has not done any inquiry in the field level and not spoken to any witnesses provided by me. I am in a big dilemma. I am very much innocent and done nothing wrong. I want to appeal against the verdict given by CICC. I do not know where to appeal and who is the competent authority to do so. I understand that the CICC does have the power of civil court and I need to appeal within 90 days from the date of verdict.
My question:
1. Can I appeal against the verdict as justice is not done and no serious investigation has been carried out by CICC ?
2. Why CICC has not given any copy of the complaint to me?
3. If I can Appeal, then who is the competent authority ?
4. Since I am working in a private bank, can my petition be admitted to high court?
5. How much time it will take to get the justice?
I seek your expertise to deal with such gross injustice.
Sudhir Kumar, Advocate
(Expert) 09 February 2016
PRIMA-FACIE IT APPEARS THAT YOU ARE BEING LET OFF EASILY.
YOU HAVE TO MEET SOMEONE KNOWLEDGEABLE OR SOME ADVOCATE WITH PAPERS, IMMEDIATELY.
Dr J C Vashista
(Expert) 09 February 2016
Getting copy of complaint/allegations is your right so that you are able to prepare and submit your defence. File an appeal.
Being in a Senior position of the Bank, you are expected to know your appellete authority, which has to be higher than the committee held you guilty.
Contact and consult a local lawyer for proper advise and proceedings.
Devajyoti Barman
(Expert) 09 February 2016
It appears decision or recommendations is already done u/s 14 of the Sexual harassment in workplace Act.
So check your service rules to find out the appellate forum
If no appellate forum is prescribed you can challenge the order under writ jurisdiction in high court under article 226 of the constitution of India.
Rajendra K Goyal
(Expert) 09 February 2016
Agree with the expert Devajyoti Barman.
P. Venu
(Expert) 09 February 2016
What is CICC?
Guest
(Expert) 09 February 2016
Mr. Bhaidash,
A very serious case, but you may feel quite lucky, if being let off by merely providing an apology letter.
However, if there is any reality in your statement about the existence of any such case, better show the case related document/s, if you have any, to some capable service law expert, so that you may not not take a serious turn later by reopening of the case on appeal by the lady, as the CICC does not seem to have followed the prescribed procedure even to a very little extent.
If you like, you may send scanned copies of the documents through email at: dcgroup1962@gmail.com
Guest
(Expert) 09 February 2016
Dear Dr. Vashista,
When the querist does not know in which category to post his case related query, how we can expect him to know the ins & outs of his so called bank and its inquiry procedure. To be frank, I have some doubt about the reality of the case, can even be a student's academic exercise.
SAINATH DEVALLA
(Expert) 09 February 2016
If the Initial Authority should fail to give a decision within the prescribed time or if the employee concerned is not satisfied with the decision, the employee can appeal to an Appellate Authority to be designated by the Head Office, having regard to the nature of the office where the employee is working. The appeal should be preferred within thirty working days of the decision of the Initial Authority, and the decision of the Appellate Authority should be given preferably within fourteen working days of the receipt of the appeal. The decision of the Appellate Authority will be final.
Sudhir Kumar, Advocate
(Expert) 10 February 2016
Many senior officials (including Gp-A) in govt do not know what is Disciplinary Authority and what is Appellate Authority.
P. Venu
(Expert) 10 February 2016
This common feature in our country. Even many in CVC and UPSC does not know what is discipline.
Let us not be judgemental about it. No one can know everything. The real knowledge is that we do not know much and learning is a continuous process.
The term 'expert' is rather a relative forum. They are still and always learners; they learn more than they give. And this forum, I believe, is still no exception.
It is fact that Laws, however well-meaning, could be abused. And just as Section 498A, there could be false allegations of sexual harassment at work place and conscientious officers are bound to find them helpless against such allegations. This is all the more because members of the departmental committees are not judicially trained and hence deficient in being detached and objective.
In the queriest has the option to approach the competent court.
Guest
(Expert) 10 February 2016
Good to note that, instead of the querist clarifying his position, the experts have tried to clarify on his behalf. Even after 23 hours of my observation the querist has not so far come forward with any claification at his own about my doubt. Even on my offer to send me scanned copy of the order through email, he has not yet responded to that offer.
The question arises, if an executive in a senior position, who can be an inquiring authority or a disciplinary authority for his own subordinate, does not have knowledge about the process of inquiry, his own disciplinary and appellate authority, how far right practice can be expected from him in dealing with cases, if he is made to enquire in to such a case? His ignorance about the process could be acceptable, had he been in a non-executive or a very junior executive position.
No doubt false allegations normally arise, rather can be more than expected, but being in a senior position, he is expected to have got various circulars from his banking HQ on the process of dealing with such type of cases and also about the channels for appeal in such cases.
Anyway, if convinced well, the experts are free to render him the right type of advice how to and at what level he should fight his case.
Bhaidash
(Querist) 12 February 2016
Dear Dhingra Sir, Now I am in touch with Barman Sir and taking his guidance. I am thankful to you and lawyers club for such concerns and guidance. Sorry to reply late. I am lucky to receive such unconditional support and guidance from experts like you. Regards
