MS. SUNITA Vs. JAI PRAKASH NARAYAN

JUDGEMENT

(1.) The petitioner, Ms. Sunita, was engaged by Respondent No.2, M/s Swift Securitas Pvt. Ltd., a manpower service provider agency. She was deployed by Respondent No.2 with Respondent No.1, Jai Prakash Narayan Apex Trauma Centre, AIIMS. Another co-employee of Respondent No.2, Satpal, was also deployed with Respondent No.1.

(2.) The petitioner alleges that on 27/5/2021 at approximately 1:45 PM, she was subjected to assault and sexual harassment by Satpal at Safdarjung Bus Stand. In her own complaint dtd. 27/5/2021, the petitioner stated that she was going to the Trauma Centre for taking medicines for leg pain. Her duty hours with Respondent No.2 commenced at 2:00 PM, and she was not on duty at the time of the alleged incident. The petitioner filed a police complaint with the SHO, P.S. Sarojini Nagar. Since no FIR was registered, the petitioner filed a private complaint under Sec. 200 Cr.P.C. before the Court of CMM, Saket Court, New Delhi.

(3.) Respondent No.1, AIIMS, vide its letter dtd. 2/6/2021, noted that the matter involved a fight between two workers of an outsourced vendor which occurred on the roadside and was a personal matter, and directed the removal of both offenders from AIIMS. Consequently, Respondent No.2 terminated the services of both the petitioner and Satpal. The petitioner instituted a civil suit challenging her termination, which was withdrawn on 14/10/2022 with liberty to file afresh.