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KUMAR A YADAV (SERVICE)     13 October 2016

Wrong posh complain by an offrole lady against bm in bank

Dear All,I am a BM in a private bank,a lady who is working as an LIC agent in my bank has first made friendship with me and some times use to talk late night and whattsapp with me.From my side it was a healthy friendship and had never forced her for any thing nor has touched her nor taken her for date.She was doing her job by hiding her identity as unmarried,represent her husband as brother as well as run her own business(beauty parlour/boutique).Within a month she started taking leave and when I stopped her to do so,she started blackmailing me by showing my mgs.Still I told her boss to transfer from my branch then later one day she told me that I want to talk to you at your home.Being as a friend I told ok come at noon when I use to go for lunch.She called me at noon that she is comming and later switch off her phone for 1 hour.I called her later and scolded her that should I wait,are you comming to my home or not.she recorded my voice as well as some earlier msg in which she use to send me her pic and I reacted that you are beautiful,feeling to hug you......She with proper plaining collected these evidence and now filed a complain against me in my bank under POSH. Kindly help and guide me. In the mean while I have launched two complain in SP office against her & her brother(husband)..I have provided my calls details but not getting my own incomming call details even asked by RTI,other wise it would have been proved that she use to call me at night. Resp sir/mam,please guide me.


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 22 Replies

adv.bharat @ PUNE (Lawyer)     13 October 2016

Kumar yadav send her notice through lawyer for not blackmailing to you based on silly sms.

If u appreciate my answer then will u give THANK onmy LCI profile?

V. VASUDEVAN (LEGAL COUNSEL)     13 October 2016

In my view, the PoSH Act will apply and an investigation should be conducted by the Bank's PoSh Committee. However, if the findings prove that the conversations are consensual that there was nothing to point out harassment abusing you position in the bank, the commitee may decide the 

case accordingly. It would still atrract in appropriate behaviour on your part and hence please

consult a competent lawyer for assistance.

Kumar Doab (FIN)     13 October 2016

You can benefit from the advise of Mr. Vasudevan.

 

KUMAR A YADAV (SERVICE)     13 October 2016

Mr.Vasudevan, Kindly guide me and suggest some points in my favour.....

KUMAR A YADAV (SERVICE)     13 October 2016

Mr.Vasudevan, Kindly guide me and suggest some points in my favour.....

Kumar Doab (FIN)     15 October 2016

Consult a very able counsel specializing in such/service matters.

Sudhir Kumar, Advocate (Advocate)     17 October 2016

I am not able to agree with Mr Bharat. Do not attempt any notice through lawyer.

 

Do not complicate the issue much.

You have not stated entire facts.  It appears that she was LIC agent and attached to your private bank branch and for existence in business from your branch she depended upon you.  You also had the jurisdiction to ask  LIC ot take action against her (atleast what appears from given facts.

 

Just beg for unconditional mercy

 

or

 

start searching for a good defence asstt to defence you in internal inquiry as provided in Standing order or other service conditions in the bank. 

 

As per latest instructions :-

  1. There is no need for formal chargesheet for proceedings before POSH committee. Practically complaint itself is chargesheet.
  2. The committee is required to follow the normal procedure of disciplinary inquiry as far as practicable.  Practically entire procedure is practicable.
  3. The committee is to be headed by a lady and 50% members have to be ladies and there is no stipulation that all members have to be senior to you in rank.
  4. The committee will also have a rep of some NGO working in women rights. Such NGO lady is well versed in relevant law on such matter and will have upper edge over the presiding officer (does not matter how senior she is) .
  5. The Committee is not bound and generally will not give any cognisance to any pardon or withdrawal of complaint by the lady.

 

There is enough evidence for making you jobless +  in Jail +  to pay huge compensation to her.

 

All circumstances are against you (atleast apparent from facts given by you)

 

Sudhir Kumar, Advocate (Advocate)     17 October 2016

I am also not able to agree with Mr Vasudevan.

 

The consent of the lady will be hard for you to be proved and if proved is of no relevance as the relation o fboss subordinate (though she was agent only) were there.

 

Just do not expect any favourable verdict from the committee unles you have a strong luck in your favour.

Sudhir Kumar, Advocate (Advocate)     17 October 2016

Originally posted by : adv.bharat @ PUNE
Kumar yadav send her notice through lawyer for not blackmailing to you based on silly sms.

If u appreciate my answer then will u give THANK onmy LCI profile?

He has quoted only one SMS in which he told her " I reacted that you are beautiful,feeling to hug you......"

I do not know how it can be called silly when complaint under POSH has been made. 

Then he created much more evidence :-

  1. There is record of late night calls from either side. 
  2. There is also a message recorded where he is angry on her for not obeying to report to him at his residence on working day outside working hours.
  3. There is a record that he is aware of professional misconduct of her (or atleast he assuming as miscondut) for taking up job as stating to be unmarried and also running beauty parlour.
  4. Either he has not taken action for these misconducts or he is just assuming this as misconduct and using this to demoralise her.
  5. There will be personal evidence of the complainant where she is free to say that she was forced to attend late night calls. She can very well justify ( and in all probability will justify) the delay by saying that मैंने अपनी और परिवार की इज्जत के लिए चुप्पी मार ली, पर जब एजेंसी खत्म करवाने की धमकी दी जा रही थी और उससे बचने के लिए घर बुलाया जाने लगा तो पानी सर से ऊपर हो गया

He has also made complaint to the SP against her husband.  It is not clear what he alleged and when (prior to her complaint or later).  Most likely this can also be used as evidence against thim.  (however clear view can be formed after knowing the facts alleged by him and the timing of such facts and the timing of such complaint)

KUMAR A YADAV (SERVICE)     17 October 2016

Dear Sudhir Sir,The complain to Police was before the lady complain,also I have the evidence that she too use to call me at late night and also even when I was on leave,whats aap msg was replied according to her msg which she has deleated and recording was also well planned and in between its blank,manuplated.Just of one day msg and recording is not sufficiant,she does not have any proffe of last 1 month because she use to msg and call me.When call details will come out it will prove that the conversation was consensual ans she also use to call at late night also her brother(husband) called me and threaten me.

Sudhir Kumar, Advocate (Advocate)     17 October 2016

what is the complaint you made?

Sudhir Kumar, Advocate (Advocate)     17 October 2016

"she too use to call me at late night and also even when I was on leave,"

another fact which can be interpreted against you.

Sudhir Kumar, Advocate (Advocate)     17 October 2016

"When call details will come out it will prove that the conversation was consensual "

 

one more fact which committee will interpret against you.

 

there will be a lady from NG who have seem many persons like you.

Kumar Doab (FIN)     17 October 2016

Limited Understanding:

LIC may not be having tie up with said bank.

The bank might be having a tie up with an insurer.

The relationship may not be of employer-employee.

The querist should certainly engage a very able counsel.

 

 


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