1. File matter with the labour court for harassment & intimidation and also make a written complaint to your union.
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.
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1. File matter with the labour court for harassment & intimidation and also make a written complaint to your union.
The union is not strong here and the labour court says that a complaint shd be gv by the union. In the past i had informed each and every union leaders but no action has been taken on him because he is an officer .pls advice
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.
As i had already complained in the police station and they had given me N.C. against the officer and levied 506,504,323.is there any time limit for filing a private complain in the Metropolitian court and if yes pls tell the time limit.
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.
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.
you are advised to wait till the outcome of CAT complaint and only then think of any further action.
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
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
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
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.
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
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
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
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.
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.
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.
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.