Harassment to me by sending sms everyday !
Satish Kumar
(Querist) 07 August 2012
This query is : Resolved
I work in a Public Sector Undertaking. I am male. My Boss who is also a male sends me threatening and harassment SMS everyday ( even after our working hours). I afraid reading SMS because he scolds me every time. I need Experts Advice. Please help me.
ajay sethi
(Expert) 07 August 2012
well what kind of threats are made in sms . if these sms are reminders for pending work to be done it would not be harrasment . if boss ticks you off for shoddy work it is for your benefit . improve your work performance
Satish Kumar
(Querist) 07 August 2012
These SMS are not about pending works. He uses the words, stupid, foolish, culprit, I will not forgive you etc. Are these words constitutional ? Can I lodge a FIR ?
ajay sethi
(Expert) 07 August 2012
if you ldoge a FIR then you will lose your job . politely send a sms requesting your boss to use decent language . if he dosent resign and look for another job
Sudhir Kumar, Advocate
(Expert) 08 August 2012
I politely disagree you are not loosing job simply as FIR is lodged. You are in PSU there is a procedure for removing someone from job. I do not mean to say that you are immune from sacking.
May be you have serious misconduct and your boss may be stupid enough not knowing how to fix you or he may be kind enough to simply warn you unofficially. If the matter is escalated he has no option but to be enlightened on the procedure.
Please consult CDA Rules of your PSU which are generally reproduction or adoption of CCS(Conduct)Rules.
For vindicating your official conduct in court of law you may need permission of your appointing authority.
No such permission may be necessary if you are wronged up as employee and approach court for redressal of service grievance (against organization not against any individual officer)
For prosecuting a public servant in lapses committed in official capacity you need sanction of prosecution from authority competent to dismiss him.
Further you are not at all telling what the SMS are and how these are threatening. General Govt employee (or even Pvt employee) term it as harassment and threatening when expected to attend to work properly. Therefore in your own interest no suggestion should be given to you on vague query.
Satish Kumar
(Querist) 12 August 2012
thanks for information, Sudhir Kumar !
Sudhir Kumar, Advocate
(Expert) 18 August 2012
what is the need to hve a fresh query on
http://www.lawyersclubindia.com/forum/Harassment-by-sending-sms--63882.asp
Sudhir Kumar, Advocate
(Expert) 07 April 2014
yet another thread
http://www.lawyersclubindia.com/forum/Harassment-service-rules--100436.asp#.U0K2OaI1hn4
