• False accusation of torture by female staff

I was heading a nationalized Bank Branch. I was an outsider and two local staff did not want to work. One lady officer who was the seniormost had sent fabricated charges of torture against me. As all laws are against men, my Bank has immediately removed me and sent me to some other state. I am a single parent and have been put to lot of trouble. I was also hospitalized due to stress. Where I am going schooling is also not proper. Bank has neither shown me any complaint nor tried to know my point of view. My 25 years of service of impeccable record is tarnished. Bank is saying that they have saved me from danger by removing me from that place. I have not done anything wrong except to ask these trouble makers to work. Now what are the options left for me.Should I join at new place or fight it out. I was told that whatever lady says is primarily treated as gospel truth and onus is on the man to prove it wrong. There is no enquiry set up against me. Just I am transferred.
Asked 2 years ago in Criminal Law from Mumbai, Maharashtra
1. To challenge transfer is very hard to prove more so when you would be unable to show that the same is done as a disciplinary measure.
2. I agree that to save you from more serious troubles you better be transferred.
3. You can request for transfer to another branch than to another state.
4. If you indeed find it difficult to move to a new state then go for challenge.
Devajyoti Barman
Advocate, Kolkata
5181 Answers
54 Consultations
4.9 on 5.0
1. What were the terms of service / standing orders etc?

2. The statement by the female employees could not have been treated as the gospel truth. The show cause notice, charge sheet in consonance with domestic inquiry procedures should have been issued to you so that you had an opportunity to controvert the accusations which were made against you. Since this is a nationalized bank the Conduct & Discipline Rules must have laid down terms of conditions and standard of discipline and the procedure required to be followed when an accusation of this nature is leveled against an employee. The procedure so laid down should have been followed in letter and spirit.

3. You have the right to challenge the transfer order by moving the High Court.
Ashish Davessar
Advocate, Jaipur
18070 Answers
447 Consultations
5.0 on 5.0
If the complaint against you by the woman colleague was of a sexual harassment then it is better to lake it lying low. My advice would be to join the new place.  Both, a challenge to  transfer and  to rebut the complaint shall be futile attempts
H. S. Thukral
Advocate, New Delhi
514 Answers
125 Consultations
5.0 on 5.0
At present you have transferred, no departmental inquiry or criminal investigation has been initiated against you. If you want to challenge your transfer order then you must think again in the light of these facts :-
1. That allegation will go to your higher authority, because this was the sole reason of your transfer.
 2. Then it is highly probable that that lady may amend her statement and can add more facts in her  allegation. In current situation judges of the supreme court are facing these type of allegations from their staffs or interns, Justice Ganguly or Justice swantantra kumar are the best example. Even a serving judge of the Supreme court sent his request to remove his lady intern.
3. That lady may initiate criminal case against you for the removing her stigma or set her goal against you or for strengthen her allegation.
4. At present you are posted at another city so it'll be more panic for you to defend criminal case.
5. Departmental and criminal proceeding may cause more harm in compare to present.
6. Transfer is not treated as penalty.
7. Amendments in criminal provisions in regard of sexual harassment (case) are made to protect woman from any type of harassment at working place and even oral statement of the victim, without any medical or other documentary evidence is enough to convict any male person.
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0
Join at new place and let the matter be closed for all times to come. If you prefer to challenge it would lead to unnecessary complications/harassment and may be even more. So, better remain silent and work peacefully.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
Hello,
The bank ought to have conducted an impartial enquiry and given you an opportunity to defend yourself.
Now if the allegations are of sexual Harassment you need to be cautious and possibly let things pass for the time being. You can accept the transfer after registering your protest. Demand from the bank to provide in writing the reason for transfer.
If you wish you can refuse to be arbitrarily transferred. Be prepared to face further allegations.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. The law is gender neutral. The law commands that a person, male or female, who makes an accusation against some one, should produce proof in support of his/her allegation. This fundamental principle of law is not open to deviation if the allegation is made by a female. Hence, the perception that law is women friendly, is based on hearsay alone. 

2. A legal battle is a battle of principles. In your wisdom you may decide to exercise the right conferred on you i.e the right to challenge your transfer.

Injustice gets perpetuated if it is not remedied.
Ashish Davessar
Advocate, Jaipur
18070 Answers
447 Consultations
5.0 on 5.0
If you want to challenge your transfer and ready to fight on principles then sure you should do it. But be fully prepare that it'll not easy for you in comparison of that lady. You can challenge your transfer on the ground that you have transferred on vexatious and frivolous allegation of a lady staff. Being in contact with  your staffs and motivate them to fight against malpractice of lady. If you will succeed to prove beyond reasonable doubt that that lady is of easy virtue or has general tendency to blackmail her colleague. She did these type of act in past and got success to set her goal. Bank can't transfer any person without giving him a chance to explain any circumstances appearing in the matter against him. Right to hear is a fundamental right Violation of this is against the rule of natural justice.

But my dear friend it will very tough for to prove it, keep faith in God and be prepared to fight against, I am quite hopeful that you will succeed.
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0
1. Transfer is not a punishment,

2. It seems that your management is aware that you are not at fault due to which they have not conducted any enquiry and swettled the matter by just transferring you,

3. Our law has been and is being misused by the benificiaries & we all know about it,

4. Prudent decision for you will be not to further stir the issue and report to your new place of posting.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
1. As I have stated in my earlier post, it seems that  the Management is aware of your innocense,

2. The lady's allegation against you has already gone in record,

3. Probably te second Manager also will suffer,

4. The matter will turn against the lady if she further complaints against the Manager & in that case she may be transferred or face diciplinary action for lodging false complaints against seniors.,

5. You are to wait till then.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
1. You are advised to forget the matter & not to take it as a challenge but as an occupational hazard, in your own interest,

2. This type of incidences do take place in service life & you should attempt to move on further.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
When you successfully prove before the court that she is loose temper, easy virtue, habitual to blackmail or ill-mannered you can defend your case successfully. Collect all evidence against he, this recording is good piece of evidence. Go further and file a case against her. 

Keep in mind that case should be instituted within proper time inordinate delay in filing a case may cause problem for you.
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0
1. This audio recording can be used against her in the court. If she has stated that she does not suffer any problem at the workplace and has a bad temper of which even her husband is the victim then it does throw light on more things than one.

2. If you want to go to court then move immediately before delay forecloses your right to do so.
Ashish Davessar
Advocate, Jaipur
18070 Answers
447 Consultations
5.0 on 5.0
it is better to get transfer because in other you may win but you will your mentle peace. so it is to decide which one to opt for
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
you can file a writ petition against the same for transfering you and seek direction to reinstate you as management has the proof of your innocence.produce all recordings as evidence
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Dear Querist
legal fight is not less then a battle, if you are ready to fight, due to your man ego or fight for justice, then it may take time to get justice and you have to suffer or harassed in courts and police station too. if you are ready for this then file a complaint against her before police or your seniors and challenge your transfer. these evidence is very useful for you and these evidence is also an evidence as per section 65B of INDIAN EVIDENCE ACT.
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
It is advised that u should forget the matter and should move forward coz it will cause u unnesessary tension and problems but still if u want to fight back u can challenge ur transfer by moving to the highcourt with the recording u have as a evidence.
Swithin Subhashish Lawrence
Advocate, Allahabad
47 Answers
3 Consultations
4.5 on 5.0

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