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Ramesh   25 January 2024

False POSH & Negative BGV

Respected Learned Counsels

My Cousin who was working in a Private Bank was accused of POSH Allegation ( Inappropriate touch ) while they were on a visit to client on same bike.

The Complainant lodged false POSH Complaint with Branch Manager against my Cousin two days after the alleged Incident.

ICC was setup to inquire into the matter , Checked the phones too of my cousin & after Investigation they found nothing & no evidence that could have held him guilty.

But the Girl was threatening to lodge false SC/ST case & Criminal Case against my Cousin & threatened the members of ICC too about it.

So despite of lacking any evidence against my Cousin ,ICC asked my cousin to resign & assured that they will leave him with a good feedback & one month pay.

My Cousin resigned in fear & got a job in another bank on his experience.

Now his previous employer wrote negative BGV & is refusing to provide any Reason for citing so remarks in the BGV report.

Now his New Employer is asking repeatedly from his Previous employer about the reasons for the same to which they are repeatedly denying.

His New Job is also in Danger,
He is treated like a Guilty person even after being Innocent.

Please Suggest Some Legal remedies which he can take.

I shall be highly obliged to you all.



 4 Replies

T. Kalaiselvan, Advocate (Advocate)     25 January 2024

Your cousin can take legal action against his previous employer for furnishing false information in the BGV if they don't provide sufficient documentary evidence to substantiate their adverse report 

1 Like

SAM (LEGAL)     25 January 2024

Inform your cousin to get experience letter from his previous employer as assured by the previous employer that they will leave him with a good feedback. If they are not providing then he can send legal notice against his previous employer for furnishing false background information if they don't provide sufficient documentary evidence to substantiate their adverse report 

Ritesh Maity (Labour Law Advocate)     26 January 2024

Depending on the exact content of the negative feedback, you may take legal action against your ex-employer. However, if the negative content is of general nature i.e. inefficient or slow etc. then such act can be proved very easily by the management. 

On the otherhand, if you can prove (with documentary evidences) that you were asked to resign on the ground of false accusation of s*xual harassment, then you may have a good case. 

Better consult a lawyer with documents like the complaint letter before ICC, findings of ICC, resignation letter, negative feedback letter etc. and thereafter decide the next course of action. 

Sudhir Kumar, Advocate (Advocate)     27 January 2024

okplete papers are required o be seen before uttering any views.    

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