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Praveen Mishra (Web Developer)     06 September 2018

False allegation of sexual harassment in workplace

A female employee has lodged fir against 40 employees (including some female co-workers) for s*xual harassment in the workplace at Noida office. She had also complained the same at the office for which Internal Committee inquiry was made. Report of the same is not out yet but we got to know that accused employees are safe while her allegations are fake.

Out of allegations I have been blamed for passing foul comments on her. Most importantly she did this as she was not happy with her appraisal so has targeted entire team with some or the other allegations. In FIR we have been charged IPC 354, 509. Police inquiry was made which was just a formality and threatening us that they will mention our names in charge sheet and we will then have to appear many times in court.

We arranged a lawyer for us and got us have the stay on arrest bail. This incidence which she complains of is six months old and none of the parties have any evidence to prove their part. Only one accused female staff once mailed HR that the complainant has threatened her (accused female manager ) to complain against her and her team, what kind of complaint she meant is ambiguous.Case  was lodged 1&1/2 months back with both police and office.
Kindly help me out

I have the following queries :
1. Can police make chargesheet and named us as accused without any evidence against us. 
2. Police is actually asking for bribe and does not seem to investigate the case. Shall we pay and get the case closed when we are not at fault. Is this good solution.
3. Is it possible to quash the fir in court. If yes, then what is the procedure
4. IC inquiry report is pending and fir has been lodged what would be the next step or things we will have to deal with



Learning

 5 Replies

kirti kabra   06 September 2018

1. Chargesheet can only be made after the investigations and on the basis of the statement of the wittness.

2. legally you should not support bribe and that can make your case weak . If you are not at fault you can file a case and argue it .

3. FIR cannot be quashed only the court proceedings can be quashed b filling the writ petition.

 

anubhav Bhatt   06 September 2018

Dear panic,
In that aforesaid case first I would like to examine the documents first then I will elaborate properly about your case.

Regards
Adv. Anurag Bhatt
Allahabad High Court
Mobile and whats app 9198889990

Kumar Doab (FIN)     07 September 2018

You have already engaged a Lawyer.

If you have engaged a very able LOCAL counsel of unshakable repute and integrity specializing in concerned field of law e.g; Criminal matters as in your case, and well versed with enactments, LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, and your counsel can advise you after examining all docs, evidences on record .. and must have opined not to pay BRIBE.

There are such very able counsels at each location.

Check for such counsels at LOCAL Civil Court, HC, SC…

If the complaint is false/without any substance and merits then you should get out clean in inquiry.

Kumar Doab (FIN)     07 September 2018

If you are not satisfied with current lawyer change the lawyer/consultant.

Kumar Doab (FIN)     07 September 2018

Appraisal is altogehter differrent matter.

Hope the said employee was not vindicated in appraisal.


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