• Mental harassment done at workplace by the officer

Hello sir , i am working in Naval Dockyard as an Higher Skilled labour .One of the officer is mentally harassing me and trying each and every technique to remove me from the job by issuing show cause notice for false reasons and communicating each and everybody in the department false information abt me so that each and everybody shd gv witness against me so that i may be punished .I had approached till the higher authority of the dept .but there is no action against him and they rely on the information provided by the officer who is harassing me and penalise me without counselling and enquiry. For the penalty levied i had already filed a suit in the C.A.T .but still the harassment is increasing day by day .kindly advice me to where shd i go for getting justice in this matter.
Asked 6 years ago in Criminal Law
Religion: Hindu

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23 Answers

1.  File matter with the labour court for harassment & intimidation and also make a written complaint to your union.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like harassment, intimidation against the person, supported with all relevant supporting documents.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

What's the status of the matter you filed in C.A.T.?

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

Before imposing any penalty , every allegation must go through a departmental enquiry procedure wherein the employee must be given adequate opportunity to represent himself. 

As you mentioned you already approached CAT and the case is pending for disposal, you need not to do anything till the case is disposed of. Based on the outcome of the case you can take further legal steps like preferring an appeal or to move to High Court for justice.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

You cannot be penalised in absence of a finding against you, in any enquiry that is set up against you. Also, at any time a departmental enquiry conducted against you, they will have to observe principles of natural justice fully and you will have full liberty to participate in the said proceedings and represent your case.

You are advised to approach the High Court in the present matter and file a writ petition on a cause of action differing from the one which prompted you to approach CAT. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

you are advised to wait till the outcome of CAT complaint and only then think of any further action.

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

you have already file application before CAT wait for disposal of your application in CAT 

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

There is no time limit prescribed by the court and hence you should file a complaint against the person before the magistrate and he will take cognizance of the case and issue directions to the police to investigate the matter.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

you can during hearing of your application mention about complaint lodged by you with superiors , union 

 

2) also enclose complaint filed you with police against officer 

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

Also try for an expeditious disposal of the case in CAT. 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can also request transfer to another naval dockyard due to these conditions.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

if only NC is lodged and no FIR has been filed by police you can file private complaint before magistrate under section 156(3) of cr pc to direct police to investigate and submit report . 

 

2) 

 Section 504 IPC -Imprisonment for two years or fine, or both;

(iii) Section 506 IPC - Imprisonment for two years or fine, or both;

 

 

3) A perusal of clause (3) of Section 468 of the CrPC would make it evident that the period of limitation in relation to offences which may be tried together has to be determined with reference to the offence which is punishable with the most severe punishment.

 The most severe punishment in the present case would be imprisonment for two years. Hence, in view of the mandatory provision prescribed under Section 468(2)(c) of the CrPC, the cognizance should have been taken by the learned Magistrate within three years from the date of institution of the FIR.

4) complaint is not barred by limitation 

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

1.  Time Limit = One year from date of NC.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. You have rightly taken the action by filing a case in CAT.  So there is no need to approach the Union or the Labour Court.

2. If there is immediate threat or restraint in your daily discharge of duty then you can seek interim relief of injunction as well.

3. Pursue your case in CAT vigorously .

4. If there is already a criminal case under the sections as mentioned by you, there is no need to file a separate complaint case.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

It is better you file the private complaint within 6 months of the said complaint. It is always better you should not wait until limitation period ends on the contrary should take immediate action of filing the complaint

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

Dear Madam,

 

- Incase you are not satisfied with the charges levied on opposite party, you may complaint the same to Superintendent of Police or Commissioner either in personal or by registered post.

- However, second option is always open in criminal proceeding to complaint Magistrate U/s 200 (Examination of complainant. A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate: Provided that, when the complaint is made in writing)

 

Regards 

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

if the police is not registering the FIR then approach the magistrate at the earliest. 

Though there happens to be no specified timeline but still the crime has to be reported at the earliest. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You said that you have already filed complaint before CAT so you have to wait for next proceedings. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If he is doing anything illegally against you then you may give a complaint against him with the police.

If not then since you have already approached CAT with a petition, you may file an application in addition seeking to restrain him from interfering in your personal or official duties or to get you transferred to a place which do not come under his control as an interim relief till the disposal of the main case.

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

There is no such thing that the union only has to give a complaint against the erring officers, even the affected persons can give a representation to the deputy commissioner of labour.

However you may see whatever is feasible as per the prevailing situation and proceed.

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

The NC with the police will not affect him, you may insist the police to investigate the matter and register a FIR agaisnt him, if you dont get proper response from police then you may approach metropolitan magistrate court with a petition under section 156(3) cr.p.c. seeking direction to the concerned police to investigate and take proper legal action against the complaint pending before them.

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

1. You have already assailed the levying of penalty in the CAT, but you say that harassment is still continuing unabated.

2. If the FIR was registered under Sections 506,504,323 then what is the fate of it. 

3. If police is not acting on the complaint then a petition for fair investigation can be filed in the High Court.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Apart from the FIR, which you say you have already filed, nothing else can be done at this stage,.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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